As used in this chapter, words in the singular include the plural and those in the plural include the singular. The word "person" includes a corporation, unincorporated association and a partnership, as well as an individual. The word "building" includes structure and shall be construed as if followed by the phrase "or part thereof." The word "street" includes avenue, boulevard, court, expressway, highway, land and road. The word "watercourse" includes channel, creek, ditch, drain, dry run, spring, and stream. The word "may" is permissive; the words "shall" and "will" are mandatory; subject, however to the provision of § 140-74 hereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As used in this chapter, the following terms shall have the meanings indicated:
A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
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.
A body politic and corporate created pursuant to the Municipalities Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
An area bounded by streets.
The portion of a street or alley intended for vehicular use.
An area of unobstructed vision at street intersections defined by lines of sight between points at given distance from the intersection of street center lines.
A parcel or parcels of land or an area of water, or a combination of land and water within a development site and 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.
Juniata County, Pennsylvania.
A right-of-way for pedestrian use extending from a street into a block or across a block to another street.
A minor street intersecting another street at one end and terminated at the other by a vehicular turn around.
An excavation. The difference between a point on original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.
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 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, and shall include the written and graphic materials submitted with the plan.
The flow of water or liquid waste, and the method of directing such flow, whether natural or artificial.
Any ditch, gutter, pipe, culvert, storm sewer, or structure designed, intended or constructed for the purpose of diverting surface waters from, or carrying surface waters off, streets, public rights-of-way, parks, recreation areas, or any part of any subdivision and contiguous territory.
A right-of-way or other right granted for limited use of private land for a public or quasi-public purpose.
The Township Engineer, or any consulting engineer designated by the Board of Township Supervisors to review subdivision plans and perform the duties of Engineer on behalf of the Township.
The removal of surface materials by the action of natural elements.
Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, mined, uncovered, removed, displaced, relocated or bull-dozed and shall include the conditions resulting therefrom.
A floodplain is defined and established to be the low area adjoining and including any water or drainage course or body of water subject to periodic flooding or over-flow. For the purposes of this chapter, such floodplain shall be as delineated by the Federal Insurance and Mitigation Administration Flood Hazard Boundary Map.
The Township of Fermanagh Board of Supervisors.
A street of less than required right-of-way width for a public highway.
Those physical changes to the land necessary to produce usable and desirable lots from raw acreage including, but not limited to, grading, paving, curbing, streetlights, signs, fire hydrants, water mains, sanitary sewers, storm drains, sidewalks, crosswalks, bridges, culverts and street shade trees.
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.
Exclusion of certain land development from the definition of land development above only when such land development involves:
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.
The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
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 subdivision of a single lot, tract, or parcel of land into three or less lots, tracts or parcels of land, for the purpose, whether immediate or future, of transfer of ownership or of building development, providing lots, tracts or parcels of land thereby created having frontage on an improved public street or streets and providing further that there is not created by the subdivision any new street, street easement, easements of access or need therefore.
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 has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
Written approval issued by the municipality authorizing a person to operate and maintain a mobile home or mobile park under the provisions of this chapter.
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Township.
The Township of Fermanagh, Juniata County, Pennsylvania.
FINALA complete and exact subdivision plan, prepared for official recording as required by statute, to define property rights and proposed streets and other improvements.
PRELIMINARYA tentative subdivision plan, showing approximate proposed street and lot layout and improvements as a basis for consideration prior to preparation of a final plan.
SKETCHAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings and general layout of the proposed subdivision.
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 anyone district created, from time to time, under the provisions of a municipal zoning ordinance.
The Township of Fermanagh Board of Supervisors, exercising the powers and duties of the planning commission under the Municipalities Planning Code, 53 P.S. § 10201 et seq.
The map or plan of a subdivision or land development, whether preliminary or final.
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.
Includes:
A formal meeting held pursuant to public notice by the governing body 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 the Sunshine Act, 65 Pa.C.S.A. § 701 (relating to open meetings).
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.
A strip of land adjacent to a street intended to control access to the street from an adjacent property.
A lot extending between, and having frontage on, a major traffic street and a minor street and with vehicular access solely from the latter.
For the purposes of this chapter, the following definitions are employed:
MAJOR ARTERIALA limited access highway on which access is provided only from another street and not from abutting properties. Right-of-way in excess of 60 feet wide.
MINOR ARTERIALA road, whose function is to provide for the movement of high volumes of through traffic and direct access to abutting properties; subject to necessary control of entrances, exits, and curb use. Right-of-way between 50 and 60 feet wide. This classification would include Pennsylvania and U.S. routes with direct access to abutting properties.
MAJOR COLLECTORA road, or street, which provides for the movement of large volumes of traffic between arterial and local roads and direct access to abutting property. Right-of-way 50 feet wide or as required by PADOT. Legislative routes are classified major collector.
LOCALA road whose function is to provide for local traffic movement and direct access to abutting properties. Right-of-way 50 feet or less in width. Township roads are classified local.
That portion of the right-of-way of a road or street which is primarily intended for travel and parking, it includes the paved portion or the cartway, and the shoulders; the cartway plus the shoulders.
The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of land.
The surface water runoff that can be reasonably anticipated upon maximum development of an area of the watershed located upstream from any subject tract, as permitted by prevailing zoning or the Comprehensive Plan for the Township of Fermanagh, most recent edition.
A sanitary sewage collection system in which sewage is carried from individual lots by a system in pipes to a central treatment and disposal plant.
Any structure designed to biochemically treat sanitary sewage within the boundaries of an individual lot, or a tract of lots.
The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."
A covered watertight settling tank in which raw sewage is biochemically changed into solid, liquid and gaseous states to facilitate further treatment and final disposal.
A structure which contains operational, office, recreational, sanitary, maintenance or other facilities built for the exclusive use of the mobile home park residents or owner.
The line within a property defining the required minimum distance between any enclosed structure and the adjacent right-of-way.
Consists of 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 a designated point at each mobile home space.
The extent of unobstructed vision (in a horizontal or vertical plane) three feet above the center-line along a street, from a vehicle located at any given point along the street.
The face of an embankment or cut section; any ground whose surface makes angle with the plane of the horizon. Slopes are expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise to improve its engineering properties.
A strip of land, including the entire right-of-way, intended for use as a means of vehicular and pedestrian travel which may also be used to provide space for sewers, public utilities and sidewalks.
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
The owner, or the authorized agent of the owner of a subdivision.
The division, over a period of time after the enactment of these regulations, of a single lot, tract or parcel of land, or a part thereof, into two or more lots, tracts, or parcels of land including changes in street lines or lot lines, for the purpose, immediate or future, of transfer of ownership or of building development. For the purpose of these regulations, division of land for agricultural purposes into parcels of more than 10 acres, and not involving any new street or easement of access, shall not be deemed a subdivision. The term subdivision includes resubdivisions. The term subdivision shall refer, as appropriate in these regulations, to the process of subdividing land or to the land proposed to be subdivided.
Where, in the judgment of the Municipal Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to § 140-25) 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 low lying stretch of land which gathers or carries surface water runoff.
A system to distribute sewage effluent into the soil for absorption and vaporization through open jointed or perforated pipes laid in the upper soils strata.
Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter of humus debris. Topsoil is usually found in the uppermost soil layer called the "A Horizon."
Consists of all pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the distribution system within the mobile home.
A system for supplying and distributing water from a common source to two or more dwellings and/or other buildings within a single neighborhood.
A system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.
A system for supplying and distributing water from a common source to dwellings and other buildings, not necessarily confined to one neighborhood.
That portion of the water service pipe which extends vertically to the ground elevation and terminates at a designated point at each mobile home lot.
Consists of all pipes, fittings, valves, and appurtenances from the water main of the park distribution system to the water outlet of the distribution system within the mobile home.
A permanent stream, intermittent stream, river, brook, creek, or a channel or ditch for water, whether natural or man-made.