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 "watercourse" includes channel, creek, ditch, drain, dry run, river, spring, and stream.
G.
The word "abut" includes directly across from.
H.
The words "should" and "may" are permissive.
I.
The words "must," "shall," and "will" are mandatory and directive.
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-) 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. This term shall not include accessways or driveways that are strictly and clearly limited to use by only emergency vehicles; such accesses are permitted by right as needed.
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 "lot improvement 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."
The person appointed by the Board of Supervisors to carry out the duties assigned to the Administrator by this chapter.
A building which houses an agricultural use, 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.
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 (woodland) 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. It includes necessary structures within the limits of the parcel and the storage of equipment necessary for production. It excludes agricultural products processing operations; riding academies, livery or boarding stables and dog or other animal kennels.
A right-of-way, privately or publically owned, primarily for service access to the rear or sides of properties.
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.
A tract of land, a lot or groups of lots, bounded by streets, public parks, water courses, boundary lines of the Township, unsubdivided land or by any combination of the above.
The Board of Supervisors of Kidder Township, Carbon County, Pennsylvania.
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 having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, services, goods or materials of any kind or nature.
The percentage of the area of the lot covered or occupied by the total horizontal projected surface area of all buildings on the lot and including accessory buildings and structures (including covered porches, carports and breezeways, but excluding open and uncovered patios and decks).
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 "accessory structure."
A building in which the primary or predominate use of a lot is conducted including any structure that is physically attached to the principal building.
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 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 Kidder Township 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 Township 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 adopted by Kidder Township, including all maps, charts and textual matter.
Lands within the one-hundred-year floodplain, wetlands, lakes, ponds, watercourses, areas greater than 1,000 square feet in size containing rock outcrops, boulder fields and/or soils with bedrock at the surface 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 180, 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 limited development (e.g., a residential structure) and 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.
A right-of-way or easement for pedestrian travel across or within a block.
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.
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 Township to produce a usable and functional development; including, but not limited to, roads, parking areas, stormwater 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 180, 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.
Any action which results in the cutting or removal of vegetation on any land, and/or which results in the turning, displacement, grading or removal of any soil.
Any area of land on which the vegetation has been cut or removed, or where the soil has been turned, displaced, graded or removed.
Any ditch, gutter, pipe, culvert, storm sewer or other structure designed, intended, or constructed for the purpose of diverting surface waters from or carrying surface waters off streets, public right-of-way, parks, recreational areas, or any part of any subdivision, land development, or contiguous land areas.
A privately owned and constructed vehicular access from an approved private or public road into a lot or parcel having frontage on the said road. (See also "flag lot.")
A structure or portion thereof which is used exclusively for human habitation.
One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. Any part of a dwelling structure which is not connected with full unrestricted access to all other parts of the dwelling structure is considered a separate dwelling unit.
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.
A single-family, detached dwelling on an individual lot, with the building set on, or close to, one side property line, so that the lot essentially has only one side yard. This side yard and the rear yard constitute the primary outdoor living areas for the dwelling. Typically, no windows are placed in the building wall that is on the lot line. If the building is set on the lot line, a five-foot easement is provided on the adjacent property along the lot line for necessary access and maintenance of the building wall.
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:
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.
DWELLING, QUADRAPLEXFour attached single-family dwellings in one building in which each unit has two open space exposures and shares one or two walls with an adjoining unit or units.
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.
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 Chapter 180, § 180-19.
RESIDENTIAL CONVERSION TO APARTMENTThe conversion of an existing single-family detached dwelling into three to five dwelling units.
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 through the use of a vertical party wall and having one side yard adjacent to each dwelling unit; or upstairs/downstairs units.
 (See also "multifamily project" for two-family dwellings in a multifamily project.) |
Any construction or other activity which disturbs the surface of the land, including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth.
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 Township and/or Planning Commission.
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;
Three 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 Chapter 180, Zoning; or
Not more than eight people who are granted a special exception as a single nonprofit housekeeping unit (a functional family) pursuant to Chapter 180, Zoning.
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; and
Any group of individuals who are in a group living arrangement as a result of criminal offenses.
See Chapter 104, Floodplain Management.
The average finished ground elevation adjoining a building.
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, decks, patios, pavement, sidewalks, driveways, gravel drives, roads and parking, 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 nonincidental 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:
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.
The definition of land development shall not include the following:
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.
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 Township.
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.
See "residency, long-term."
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 horizontal land area contained within the property lines of a lot, measured in acres or square feet, determined by multiplying the area of each listed resource by the applicable protection factor and deducting the total area of constrained land from the total lot size. If two or more resources overlap, only the resource with the highest protection factor shall be used.
CONSTRAINED LAND | ||||
|---|---|---|---|---|
Resource | Area of Resource (acres) | Protection Factor | Constrained Land (acres) | |
A | Existing public or private road rights-of-way and existing utility or other rights-of-way | X 1.00 | = | |
B | That portion of lands under conservation easement that are restricted from further development | X 1.00 | = | |
C | Floodway (if not mapped by FEMA, assume 50 feet each side of top-of-bank of stream) | X 0.50 | ||
D | One-hundred-year floodplain (if not mapped by FEMA, area is included in floodway above) | X 0.25 | ||
E | Wetlands as determined by a delineation | X 0.50 | ||
F | Prohibitive steep slopes (25% or greater) | X 0.50 | = | |
G | Precautionary steep slopes (15% up to 25%) | X 0.10 | = | |
H | Ponds, lakes and streams to the high water mark | X 0.50 | = | |
I | CONSTRAINED LAND = SUM OF A through H = | |||
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.
The horizontal distance between side lot lines at their foremost points (where they intersect with the street right-of-way line).
COMBINATION OF LOTS OF RECORDThe consolidation of contiguous lots of record which are shown on a map on file at the office of the Carbon County Recorder of Deeds and which do not involve the creation of any new lot lines. (Also known as a "lot joinder.")
CREATION OF NEW LOT LINESThe 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.
The property lines bounding the lot. Wherever a property line borders a public street, for the purposes of determining setbacks, the lot line is considered to be the existing street right-of-way line or that will exist at the time of completion of a subdivision or development.
LOT LINE, FRONTThe line(s) separating the lot from any street. For all lots along lake shores, the front lot line shall be that line along the road. In the case of a flag lot, the lot line where the narrow access corridor widens shall be considered the front lot line.
LOT LINE, REARThe lot line(s) most distant from and most parallel to the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
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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 culs-de-sac, 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°.
A lot extending between and having frontage on two streets with vehicular access limited to one street. If the streets are of different classification, vehicular access is limited to the street of the lesser classification.
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 or driveway.
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.
A lot that fronts on two parallel streets or that fronts on two streets that do not intersect at the boundaries of the lot.
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 mature tree shall be a healthy specimen and shall be a desirable species, as specified in § 153-59H.
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.).
A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two 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 which is leased by the park owner to the occupants of the mobile home erected on the lot and which is improved with the necessary utility connections and other appurtenances necessary for the erection 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.
The Pennsylvania Municipalities Planning Code.[1]
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 shall also be considered a multifamily project. Two-family dwellings in a multifamily project shall be considered townhouses.
The Kidder Township, Carbon County, Pennsylvania.
A building which houses a 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.
A map adopted by Township ordinance in accord with Article IV of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247 as enacted and amended.
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 Chapter 180, Zoning.
Open space that is part of a particular conservation design subdivision development tract set aside for the use and enjoyment of residents of such development.
Open space that is part of a particular 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 Township, 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 submit an application for the development or use of land.
The Pennsylvania Department of Environmental Protection.
The Pennsylvania Department of Transportation.
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 dedicated street right-of-way.
A temporary storage area for a motor vehicle that is located on a public or private street right-of-way.
A written instrument which may be accepted by the Board of Supervisors 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 Township of financial security in an amount sufficient to cover the costs of any improvements or common amenities including, but not limited to, roads, sanitary sewage facilities, water supply and distribution facilities, stormwater 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 Township. 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 which contains the original endorsements of the Board of Supervisors and which is intended to be recorded with the County Recorder of Deeds.
The Planning Commission of the Kidder Township, Carbon County, Pennsylvania.
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.
A building in which the primary or predominate use of a lot is conducted including any structure that is physically attached to the principal building.
The structure in which the principal use of a lot is conducted. Any structure that is physically attached to a principal structure shall be considered part of that principal structure.
The primary or predominate use of a lot.
A nonprofit corporation organized by the developer or homeowners for the purpose of 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 governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter and the MPC.
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."[2]
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.
A parking place 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.
Occupancy of a dwelling, generally for periods of more than 180 days, as opposed to temporary visits to bed-and-breakfast establishments, motels, hotels, campgrounds and recreational vehicles, and which serves as the legal address for the occupant. It also includes any dwelling or structure where children who attend school reside.
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 one-hundred-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.
Land reserved for use as an access, street, drainage facility or other private, public or community use.
That portion of rainfall or snow-melt which does not enter the soil, but moves off 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 Township.
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.)
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."
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A sanitary sewage collection system in which sewage is carried from individual lots or dwelling units by a system of pipes to a central treatment and disposal system or sewage treatment plant which may be publicly or privately owned and operated. A system designed to serve a two-family dwelling or two dwelling units located on the same property or adjacent properties shall not be considered as off-site sewage.
A single system of piping, tanks or other facilities serving only a single lot and disposing of sewage in whole or in part into the soil on that lot or as may be permitted on common open space in a conservation subdivision design development. A system designed to serve a two-family dwelling or two dwelling units located on the same property or adjacent properties shall be considered on-site sewage and all development standards will apply the same for each dwelling or unit as any single family unit.
The Township 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,[3] 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.
Any tree with a caliper that is 12 inches or more in diameter at breast height.
Those areas of land where the grade is 15% or greater. For the purposes of this chapter, steep slopes are divided into two categories:
PRECAUTIONARY SLOPESAreas of land where the grade is 15% to 25%.
PROHIBITIVELY STEEP SLOPESAreas of land where the grade is 25% or greater.
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.
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.
ARTERIAL STREETDesigned to PennDOT standards primarily to carry traffic and generally should not provide access to land which would interfere with their primary traffic functions; and are designated as limited, controlled, or partial access streets, and average daily traffic is greater than 4,000.
CONNECTOR STREETCollects traffic from collector and minor streets and also provides a connection to arterial streets and between connector streets, and average daily traffic is greater than 4,000.
COLLECTOR STREETGathers traffic from minor, local and marginal access streets and feeds this traffic to connector and arterial streets. Collector streets carry heavier traffic volumes than minor and local streets although they also provide direct access to individual uses located along them. Average daily traffic on collector streets ranges from 1,501 to 4,000 vehicles.
MINOR STREETGathers traffic from local and marginal access streets and feeds this traffic to collector and connector streets. Average daily traffic on minor streets ranges from 501 to 1,500 vehicles.
LOCAL STREETProvides direct access to individual uses and feeds this traffic to minor or collector streets. Average daily traffic on local streets does not exceed 500 vehicles.
PRIVATE ACCESSProvides access to residential lots from a public or approved street and the lots do not have direct access to a public or approved street.
A type of street which is terminated at one end by a permitted turnaround and which intersects another street at the other end.
A minor street which intersects other streets on each end and may intersect a cul-de-sac street at some point between each end and not furnishing access to more than 75 dwelling units.
A type of street which is parallel and adjacent to collector, connector or arterial streets and provides access to abutting properties and control of intersections with streets of higher classification.
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
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 five lots or less, or the cumulative development on a lot by lot basis for a total of five lots or less of any original tract of record (i.e., not subdivided or developed subsequent to the effective date of the original Township Subdivision and Land Development Ordinance); 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.
MAJOR SUBDIVISIONAny subdivision that is not a minor subdivision or a lot improvement subdivision.
LOT IMPROVEMENT SUBDIVISION(Also known as "add-on subdivision.") A minor subdivision involving the 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; or the combination or reallotment of small lots into a larger lot or lots.
Where, in the judgment of the Township 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.
The Board of Supervisors of Kidder Township.
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.
The Township of Kidder, Carbon County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for Kidder Township.
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 cartway used for normal movement of vehicles.
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.
An isolated, contained basin depression that holds water for at least two months in the spring and summer, critical to several amphibian, reptile and invertebrate species. It also provides important storage for stormwater runoff and spring snowmelt that would otherwise contribute to downstream flooding. A vernal pond is no bigger than 300 feet long and 120 feet wide and is often much smaller.
Any natural or manmade freshwater pond, lake or stream. This shall not include any pond or facility designed and constructed solely to contain stormwater.
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 drinking water supply system in which drinking water is carried to individual lots or dwelling units by a system of pipes from a central source not located on any of the served lots and which may be publicly or privately owned and operated.
A system for supplying and transmitting drinking water to a single dwelling or other use from a source located on adjacent conservation land via a use and access easement.
A system for supplying and transmitting drinking water to a single dwelling or other use from a source located on the same lot.
Any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial, intermittent or seasonal flow.
Those areas that are inundated or saturated by surface or groundwater 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 codominant 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 outermost 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.")