Unless the context requires otherwise, the following
definitions shall be used in the interpretation of this chapter. In
addition, the word "lot" includes the words "plot" and "parcel;" words
in the present tense shall include the future; the singular shall
include the plural and the plural the singular; the male gender shall
include the female; the word "person" shall include a partnership
or corporation, as well as an individual; and the term "shall" is
mandatory, the word "may" permissive.
As used in this chapter, the following terms
shall have the meanings indicated:
To physically touch or border upon; to share a common property
line or to be contiguous. The term "abut" implies a closer proximity
than the term "adjacent."
A means, other than a street, which provides vehicular access
from a street to a lot or property, i.e., a driveway or private right-of-way.
A measure of land area containing 43,560 square feet.
Any person, other than the landowner, who acting for the
landowner submits subdivision or land development plans to Mahoning
Township for the purpose of obtaining approval thereof. (See also
"developer.")
The use of land for the purpose of producing agricultural
commodities, which shall include but not be limited to: growing grains,
fruits, vegetables, nursery plants, Christmas trees or timber; raising
poultry or livestock; or producing agricultural commodities through
greenhouse production. In some instances the use of land for agricultural
purposes may involve the construction of barns, silos, feedlots and/or
farm-related accessory buildings.
The use of land for agricultural purposes, including crop
farming, dairying, pasturage, apiculture, horticulture, floriculture,
viticulture, aquaculture, forestry, and animal and poultry husbandry,
and the accessory uses for packing, treating and storage of produce;
provided, however, that the operation of any such accessory use shall
be secondary to that of the normal agricultural activities.
A landowner, subdivider or developer, as hereinafter defined,
who has filed an application for subdivision or land development,
including his heirs, successors and assigns.
The application form and all accompanying documentation required
of an applicant by the requirements of this chapter for review and
approval of a subdivision or land development proposal, whether preliminary
or final in nature.
The surface included within a set of lines.
AREA, LOTThe area contained within the property lines of individual parcels of land shown on a subdivision or land development plan, excluding any area within a street right-of-way, but including the area of any easement.
AREA, SITEThe total area of a proposed subdivision or land development, regardless of interior lot lines or proposed lots, streets or easements.
See "shoulder."
Best management practices (BMPs) shall be defined as the
best accepted technologies available to manage stormwater runoff,
including traditional and nontraditional approaches.
A unit of land bounded by streets or a combination of streets
and public land, rights-of-way, waterways or other barrier to the
continuity of development, which area is normally somewhat square
or rectangular in shape.
Land area, either landscaped or planted, used to visibly
separate one use from another or to shield or block noise, light or
other potential nuisance.
A structure or part thereof having walls and a roof, which
is used or intended to be used for the housing or enclosure of persons,
animals or property. Included shall be all mobile or manufactured
homes and trailers to be used for human habitation.
BUILDING, ACCESSORYA detached subordinate building located on the same lot as the principal building, serving a purpose customarily incidental to the use of the principal building.
BUILDING, PRINCIPALThe main structure on a given lot in which the primary use of the site is conducted.
The line established by the required minimum front yard setback
from the street right-of-way or front lot line to any buildings or
structures. The building setback line shall be the point at which
minimum lot width shall be measured.
A tract or tracts of land, or any portion thereof, used or
intended to be used for the purpose of providing two or more spaces
for recreational vehicles or tents for camping purposes, regardless
of whether a fee is charged for the leasing, renting or occupancy
of such space. The term "campground" shall also include recreational
vehicle parks.
The surface of a street or alley available for vehicular
traffic, including travelled lanes and on-street parking spaces, but
excluding shoulders, curbs, sidewalks or drainage swales.
A line located exactly in the center of the width of the
cartway, right-of-way, easement, access, road or street.
The Chairman of the Mahoning Township Supervisors or Township
Planning Commission, as indicated.
An area of unobstructed vision at street or driveway intersections
defined by lines of sight between points at a given distance from
the intersection of the street center lines.
The Mahoning Township Planning Commission, unless specified
otherwise.
1) A building, or group of buildings, in which units are
owned individually, and the structure, common areas and facilities
are owned by all the owners on a proportional, undivided basis; or
2) A form of property ownership providing for individual ownership
of a specific dwelling unit(s), together with an undivided, proportional
interest in the land or other parts of the structure in common with
other owners.
The Montour County Conservation District.
A line that connects the points on a land surface that have
the same elevation.
Montour County, Pennsylvania, unless specified otherwise.
See "street, cul-de-sac."
A barrier, either concrete or bituminous, marking the edge
of a roadway or paved area of the cartway.
An excavation or material removed in excavation; also, the
difference between a point on the original ground and a designated
point of lower elevation on the final grade.
The deliberate appropriation or donation of land or property
by its owner for any general and public uses, reserving to himself
no other rights than are compatible with the full exercise and enjoyment
of the public uses to which the property has been designated. Acceptance
of any such dedication by the Township is at the complete discretion
of the Township Supervisors.
A legal document conveying ownership of real property.
A restriction on the use of land set forth in the deed or
instrument of conveyance. Said restriction usually runs with the title
of the land and is binding upon subsequent owners of the property.
It shall not be the responsibility of Mahoning Township to enforce
deed restrictions, unless the restriction(s) resulted as a condition
or stipulation of subdivision or land development approval.
The number of families, individuals, dwelling units or housing
structures permitted to be constructed or situated on a specific unit
of land.
The Pennsylvania Department of Environmental Protection.
A basin or pond designed to retard stormwater runoff by temporarily
storing the runoff and releasing it at a predetermined rate.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development. (See also "agent" and "subdivider.")
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures;
the placement of mobile homes or manufactured housing; streets or
other paving; utilities; filling, grading and excavation; mining;
dredging; drilling operations; storage of equipment or materials;
and the subdivision of land. (See also "land development.")
Any activity that could affect earth resources, including
the creation of impervious surfaces, earth disturbances (grading,
filling, etc.) or timber harvesting.
1) Surface water runoff; or 2) The removal of surface water
or groundwater from lands by drains, grading or other means which
include runoff controls designed to minimize erosion and sedimentation
during and after construction or development, preserve the water supply,
or prevent or alleviate flooding.
The entire region or area in which all of the surface and/or
subsurface runoff concentrates at a selected point or into a particular
stream. (See also "watershed area.")
An easement required for the installation of stormwater management
facilities or drainage swales, and/or required for the preservation
or management of a natural stream or watercourse or other drainage
facility.
Any ditch, gutter, swale, pipe, culvert, storm sewer or other
structure or facility 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
or land development. (See also "stormwater management facility.")
Any natural or artificial watercourse, trench, ditch, swale
or similar depression into which surface water flows.
A minor vehicular accessway providing access between a public
or private street and a parking area or garage within the lot or property.
A section of curbing which is lowered to the street pavement
level to permit access into a property or properties for vehicles
or handicapped persons.
A building, structure or other shelter designed for or occupied
exclusively as the residence or sleeping place of one or more persons.
DWELLING, SINGLE-FAMILY ATTACHEDA single dwelling unit from ground to roof with independent outside access and a portion of one or two walls in common with an adjoining dwelling unit(s), i.e., a townhouse unit. For the purposes of this chapter, a single-family attached dwelling structure shall contain a minimum of three dwelling units.
DWELLING, SINGLE-FAMILY DETACHEDA dwelling structure containing one dwelling unit from ground to roof, having independent outside access and open space on all sides, including a mobile home as defined herein. (See also "mobile home.")
DWELLING, TWO-FAMILYA dwelling structure containing two independent dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or a common basement or cellar, i.e., a duplex.
DWELLING, MULTIFAMILYA dwelling structure containing three or more dwelling units, with or without independent outside access, excluding single-family attached dwelling structures as defined above, i.e., an apartment building. For the purposes of this chapter, the placement of more than one multifamily dwelling structure or more than one single-family attached dwelling structure, or a combination thereof, on a single tract of ground shall be considered to be a "multifamily housing development."
One or more rooms in a dwelling structure designed for use
by one or more individuals living together as a single housekeeping
unit, with cooking, living, sanitary and sleeping facilities. Recreational
vehicles and facilities for transient lodging shall not be considered
as dwelling units for the purpose of this chapter.
A defined right of use or privilege granted for a limited
use of land for a public or quasi-public purpose.
1) A vertical distance above or below a fixed reference level;
or 2) a flat scale drawing of the front, rear or side of a building.
1) A professional engineer licensed in the Commonwealth of
Pennsylvania; or 2) the professional engineer duly appointed as the
Engineer for Mahoning Township as determined appropriate on a case-by-case
basis.
The removal of surface materials by the action of natural
elements.
Temporary and permanent actions or measures taken to reduce
erosion and sedimentation and to control stormwater runoff during
and after development activities, generally carried out as part of
a plan developed prior to the initiation of the earthmoving activity.
(See also "erosion and sedimentation control plan.")
A plan that indicates necessary land treatment measures,
including a schedule for installation, which will effectively minimize
soil erosion and sedimentation.
A financial account established by Mahoning Township intended
to hold those funds deposited by a developer to cover the costs of
review of his improvement designs and the inspection of his improvement
installations.
A written agreement executed by the developer and the Mahoning
Township Supervisors guaranteeing that the developer will reimburse
the Township for all costs associated with the review of his proposed
improvement designs and the inspection of his improvement installation(s),
including an initial deposit in an amount and form acceptable to the
Township.
Removal or recovery by any means whatsoever of soil, rock,
minerals, mineral substances or organic substances other than vegetation
from water or land on or beneath the surface thereof, or beneath the
land surface, whether exposed or submerged.
An area of land containing 10 or more acres which is used
for agricultural purposes or activities.
A detached accessory structure, whether fully or partially
enclosed, intended to provide housing, shelter, enclosure or support
for animals, farm equipment, farm supplies or produce, grain, feed,
etc. Such building shall be incidental and accessory to the type of
farming activities conducted upon the property containing the building
or on other properties owned or leased by the same farmer and shall
not be used for residential purposes.
1) Any act by which earth, sand, gravel, rock or other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom; 2) the
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade; or 3) the
material used to make a fill.
A bond, certified check, irrevocable letter of credit, special
savings or escrow account, or other form of monetary guarantee satisfactory
to the Township which is intended to ensure that the developer installs
all improvements required as a condition of final subdivision or land
development plan approval or which is intended to guarantee the structural
integrity of completed improvements. (See also "improvement guarantee.")
A temporary inundation of normally dry land areas.
FLOOD, ONE-HUNDRED-YEARA flood that, on the average, is likely to occur once every 100 years, i.e., that has a one-percent chance of occurring in any given year; for the purposes of this chapter, "the regulatory flood."
FLOOD, REGULATORYThe flood that has been selected to serve as the basis upon which the floodplain management provisions of this chapter have been based; the one-hundred-year flood.
That portion of the one-hundred-year floodplain outside the
floodway.
1) A relatively flat or low land area adjoining a stream,
river or watercourse which is subject to partial or complete inundation;
or 2) any area subject to the unusual and rapid accumulation or runoff
of surface waters from any source.
Any combination of structural and nonstructural modifications
or other changes or adjustments to buildings or their contents undertaken
to reduce or eliminate flood damage.
The designated area of a floodplain required to carry and
discharge the floodwaters of a one-hundred-year flood.
The continuous use of a lot or parcel for residential purposes.
In general, uninterrupted occupancy of a lot or parcel for a period
of more than one-month at any given time during a year shall be considered
continuous use of the lot or parcel. (See also "intermittent recreational
use.")
That portion of the floodplain area for which no specific
flood profiles exist and which is designated as approximated one-hundred-year
floodplain area on the Township's official floodplain maps.
The Board of Supervisors of Mahoning Township; the elected
officials.
The degree of rise or descent of a sloping surface.
GRADE, STREETThe elevation of the center line of an existing or proposed street; the percentage of slope.
GRADE, FINISHEDThe final elevation of the ground surface after development.
Those floodplain areas specifically identified in the Mahoning
Township Zoning Ordinance as being inundated by the one-hundred-year
flood.
1) Any surface which reduces or prevents absorption of stormwater
into previously undeveloped land; or 2) the percentage of a lot that
does not absorb precipitation. For the purposes of this chapter, all
buildings, structures, parking areas, driveways, roads, sidewalks
and any areas in concrete, asphalt or similar materials shall be considered
impervious surfaces.
A formal agreement executed by the developer and the Mahoning Township Supervisors guaranteeing that the developer will install all improvements required as a condition of final approval of his subdivision or land development plans and including financial security in an amount and form acceptable to the Township. (See § 211-37.)
Financial security filed by a developer with the Mahoning Township Supervisors in an amount and form acceptable to the Township intended to guarantee the installation of any improvements required as a condition of final subdivision or land development plan approval. (See § 211-38.)
Those physical additions, installations or changes made to
the land which are necessary to produce usable and desirable lots,
including but not limited to streets, curbs, sidewalks, streetlights,
water mains, sewer lines, fire hydrants, drainage and/or stormwater
management facilities, bridges and culverts.
The use of a lot or parcel for other than full-time occupancy,
for seasonal, leisure or other recreational purposes. (See also "full-time
residential occupancy.")
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; provided, however, that
the following activities shall be exempted from the definition of
land development:
The conversion of an existing single-unit 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
residential building or agricultural use; and
The addition or conversion of buildings or rides
within the confines of an enterprise which would be considered an
amusement park. For the purposes of this chapter, 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 proper authorities.
The subdivision or development of a tract of land into lots
or spaces which are designed or intended for commercial purposes,
including but not limited to restaurants, shopping centers, motels
and other similar types of activities or services which generate revenue,
whether or not for profit.
The subdivision or development of a tract of land into lots
or spaces which are designed or intended for industrial purposes,
including but not limited to industrial parks, multitenant buildings,
and other similar types of development.
The subdivision or development of a tract of land into lots
or spaces which are designed or intended for institutional purposes,
including but not limited to schools, hospitals, nursing or personal
care homes, municipal buildings or other similar types of development.
The subdivision or development of a tract of land into lots
or spaces which are designed or intended for intermittent recreational
purposes, including but not limited to campgrounds, vacation home
developments, private or public parks or playgrounds, or other similar
types of development.
The subdivision or development of a tract of land into lots
or dwelling units which are designed or intended for full-time residential
occupancy, including but not limited to cluster developments, single-family
attached and other multifamily dwellings or housing developments or
mobile home parks.
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 contract or agreement by which one conveys real estate
for a specific term for a specified rent.
A safe stopping area at the intersection of streets or the
intersection of a driveway and a street which is designed in accordance
with the standards of this chapter.
An off-street space, accessible from a street or alley, in
a building or on a lot, designed or intended for the temporary parking
of a vehicle while loading or unloading merchandise or materials.
A map, sketch or diagram included on a subdivision or land
development plan showing the relation of the site to all road and
highway systems and municipal boundaries in the area surrounding the
proposed subdivision or development.
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.
LOT, ADD-ONA parcel of ground located immediately adjacent to other property owned by the intended grantee that is being added to the grantee's existing lot-of-record. Said lots shall not be subject to the minimum area or soils testing requirements of this chapter, provided that the grantee is willing to combine both parcels into one description in a new deed or indicate therein that both parcels are to be considered as one for subdivision purposes. [See § 211-25B(6).]
LOT, AREASee "area."
LOT, CORNERA lot with two adjacent sides abutting on public or private streets or upon two parts of the same street forming an interior angle of less than 135°.
LOT, DEPTHThe average horizontal distance measured from the front lot line to the rear lot line.
LOT, DOUBLE FRONTAGEA lot which extends from one street along its front lot line to another street along its rear lot line, with frontage on both streets.
LOT, FRONTAGEThe length of the front lot line measured at the street right-of-way line.
LOT, INTERIORA lot other than a corner lot.
LOT, REVERSE FRONTAGEA double-frontage lot extending between and having frontage on an arterial or collector street and on a local street, with vehicular access restricted to the latter, usually due to topographic constraints or safety considerations.
LOT, WIDTHThe horizontal distance measured between the side lot lines at the required building setback line; in a case where there is only one side lot line, between such lot line and the opposite lot line.
The property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street right-of-way; or where a lot has no road frontage, the line opposite the rear lot line.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
Any lot which individually or as a part of a subdivision
has been recorded in the office of the Recorder of Deeds of Montour
County, Pennsylvania.
An iron pipe or iron or steel bar set by a registered professional
land surveyor to permanently mark the beginning and end of curves
along property lines, angles in property lines and lot corners. (See
also "monument.")
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
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 is constructed so that it may be used without a permanent foundation.
For floodplain management purposes, the term shall also include manufactured
housing and park trailers, travel trailers, recreational vehicles
and other similar units which are placed on a site for a period of
time exceeding 180 consecutive days.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
The part of an individual mobile home lot which has been
reserved for the placement of the mobile home, appurtenant structures
and connections.
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. For floodplain management purposes, the term shall also include facilities for the placement of two or more manufactured homes or park trailers, travel trailers, recreational vehicles, or other similar units for a period of time exceeding 180 consecutive days. (See Article VIII of this chapter for specific mobile home park regulations.)
See "waiver."
A reinforced concrete or stone marking, or a concrete-filled
cast iron pipe, set by a registered professional land surveyor to
permanently identify the intersection of major street right-of-way
lines, the intersection of lines forming angles in the boundaries
of the subdivision, or at other locations as determined appropriate
by the Township.
Mahoning Township, Montour County, Pennsylvania.
See "dwelling, multifamily."
See "dwelling, multifamily."
Mahoning Township, Montour County, Pennsylvania.
See "loading berth."
See "parking area" and "parking space."
Space not occupied by a structure, open to the sky, and on
the same lot with a building or structure.
OPEN SPACE, COMMONA specific area of land or water or a combination of land and water within a development site, not individually owned or dedicated for public use, which is designed and intended for the principal use or enjoyment of the occupants of the development, not including streets, off-street parking areas and land dedicated or set aside for public facilities or utilities.
OPEN SPACE, PUBLICAny land area set aside, dedicated, designated or reserved for public enjoyment.
The Pennsylvania Department of Environmental Protection.
A lot, plot or tract of land.
Any public or private land area designated and used for parking
of vehicles, including parking lots, garages, private driveways and
legally designated areas of public streets.
An off-street area on a lot or in a parking area, designed
or intended to be used for the parking of one vehicle, having direct
usable access to a street or road.
A subbase, base or surface course placed on a subgrade to
support traffic load.
A specified easement, walkway, path, sidewalk or other reservation
which is designed and used exclusively by pedestrians.
The Pennsylvania Department of Transportation.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A map or plat of a subdivision or land development, whether
sketch, preliminary or final. (See also "subdivision plan.")
PLAN, SKETCHAn informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision or land development.
PLAN, PRELIMINARYA general subdivision or land development plan indicating the approximate proposed layout of a subdivision or land development as a basis for consideration prior to preparation of the final plan.
PLAN, FINALA complete and exact subdivision or land development plan prepared for official approval and recording as required by statute.
The Mahoning Township Planning Commission, unless designated
otherwise.
The map or plan of a subdivision or land development, whether
preliminary or final. (See also "plan.")
A parcel of land that can be identified and referenced to
a recorded plat or map.
Something owned, operated and supported by private individuals
or a private corporation, rather than a government.
Persons who provide expert or professional advice, including
but not limited to architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
Something owned, operated and controlled by a government
agency (federal, state or local), including a corporation created
by law for the performance of certain specialized governmental functions.
A formal meeting held pursuant to public notice by any of
the Township Supervisors, Township Planning Commission or Township
Zoning Hearing Board, intended to inform and obtain public comment
prior to taking certain actions, as required by the Pennsylvania Municipalities
Planning Code.[1]
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), 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 date, time and place of the hearing and the particular
nature of the matter to be considered. The first publication shall
not be more than 30 days, and the second publication shall not be
less than seven days prior, to the hearing date.
A vehicle which is: 1) built on a single chassis; 2) not
more than 400 square feet, measured at the largest horizontal projections;
3) designed to be self-propelled or permanently towable by a light-duty
truck; 4) not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
Any site upon which two or more recreational vehicles are
or are intended to be located. (See also "campground.")
Undeveloped land within a subdivision or development which is set aside or reserved for recreational use in accordance with the requirements of this chapter. (See § 211-39.)
The one-hundred-year flood elevation.
A large scale residential development in which individual
dwelling units or other residential buildings are grouped together.
Modification or reduction of the minimum yard and lot size requirements
are permitted in exchange for an equivalent amount of land in open
space to be preserved for scenic, recreation or conservation purposes.
The type and density of dwelling units shall be as set forth in the
applicable district regulations of the Township Zoning Ordinance[2] and the design of such developments shall meet the standards established in § 211-45B of this chapter.
The lot or parcel created through subdivision which is the
remaining portion of the parent tract. The residual property shall
be considered as an integral part of the proposed subdivision and
shall be required to meet the standards of this chapter, where determined
appropriate or necessary by the Township Planning Commission or Supervisors.
A pond, pool or basin used for the permanent storage of stormwater
runoff.
1) A specific type of easement being limited to use for passage
over another person's land, for example, an easement for vehicular
passage or public utility passage; or 2) a strip of land acquired
by reservation, dedication, prescription or condemnation which is
occupied or intended to be occupied by a road, crosswalk, railroad,
electric transmission line, oil or gas pipeline, waterlines, sanitary
sewer or storm sewer lines or other similar use.
The surface water discharge or rate of discharge of a given
watershed after a rainfall or snowfall that does not enter the soil
but runs off the surface of the land.
Any liquid waste containing animal or vegetable matter in
suspension or solution, or the water-carried waste resulting from
the discharge of water closets, tubs, washing machines, sinks, dishwashers
or any other source of water-carried waste of human origin or containing
putrescible material.
Pipes that carry only domestic, commercial or industrial
sewage and into which storm, surface waters and groundwaters are not
intentionally admitted.
A barrier to visibility, glare and noise between adjacent
properties made of plant materials such as trees or shrubs, which
shall be of such species that will produce the desired visual screen
and be of such density as is necessary to achieve the intended purpose.
Deposited silt that is being or has been moved by water or
ice, wind, gravity or other means of erosion.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity.
A structure housing operational, office, recreational, maintenance
and other facilities usually associated with a land development, i.e.,
a mobile home park or recreational complex.
The horizontal distance between a structure and a street
line or property line. (See also "building setback line.")
A substance that contains the waste products or other discharge
from the bodies of human beings or animals and noxious or deleterious
substances being harmful or inimical to the public health, or to animal
or aquatic life, or to the use of water for domestic water supply
or for recreation, or which constitutes pollution under the Clean
Streams Law.[3]
A system of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage or other waste into waters of the commonwealth or otherwise
provide for the safe and sanitary treatment and disposal of sewage
or other waste.
A sewage facility, whether publicly or privately owned, for
the collection of sewage from two or more lots or two or more equivalent
dwelling units and the treatment or disposal, or both, of the sewage
on one or more of the lots or at another site.
SEWAGE SYSTEM, COMMUNITY ON-LOTA community sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a subsurface soil absorption area or retaining tank.
SEWAGE SYSTEM, COMMUNITY SEWERAGEA community sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a subsurface absorption area or retention in a retaining tank.
A sewage facility, whether publicly or privately owned, located
on a single lot and serving one equivalent dwelling unit and collecting,
treating and disposing of sewage in whole or in part into the soil
or into waters of the commonwealth or by means of conveyance of retaining
tank wastes to another site for final disposal.
SEWAGE SYSTEM, INDIVIDUAL ON-LOTAn individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a subsurface absorption area or a retaining tank.
SEWAGE SYSTEM, INDIVIDUAL SEWERAGEAn individual sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a subsurface absorption area or retention in a retaining tank.
That portion of the roadway which is adjacent to the cartway
and is provided for lateral support of the pavement, emergency stopping
and a minimal amount of recovery area beyond the pavement edge.
A suitably surfaced and leveled area, paralleling but usually
separated from the street, used as a pedestrian walkway.
1) The length of street, measured along the center line,
which is continuously visible from a given point above the center
line; 2) that area of unobstructed vision at street intersections
formed by lines of sight between points which are a specified distance
from the intersection of the street center lines; or 3) the amount
of distance required to be provided at a street or driveway intersection
which is considered adequate for a driver to be able to see in order
to proceed in a safe manner.
See "dwelling, single-family attached."
See "dwelling, single-family attached."
See "dwelling, single-family detached."
Any change or adjustment to the grade of an existing site,
i.e., any earthmoving activity. Such alterations generally require
the completion of a soil erosion and sedimentation control plan.
See "improvements."
A plan for the development of a single tract of land, whether
or not a subdivision is involved, which shows the existing and proposed
conditions of the parcel, including, but not limited to, topography,
drainage, floodplains, wetlands, waterways, open spaces, walkways
or pedestrian easements, means of ingress and egress, utility service
line locations, landscaping, structures, lighting and screening devices
and any other information that may reasonably be required in order
that an informed decision can be made by the Township. Such plans
are generally required in order to evaluate land development proposals,
including multifamily residential, commercial, institutional, industrial
or recreational development submissions.
1) The face of an embankment or cut section; or 2) the degree
of deviation of a surface from the horizontal, usually expressed in
percent of degrees, i.e., a ratio determined by dividing the vertical
difference between two points (change in elevation) by the horizontal
distance measured between the same two points. For the purposes of
this chapter, slopes greater than three to one shall be considered
"excessive slopes."
A special approval issued by the Pennsylvania Department
of Community and Economic Development or local municipality in accordance
with Section 38.6 of the State Floodplain Management Regulations for
specific types of development and obstructions which present a special
hazard to the health and safety of the public or occupants or may
result in significant pollution, increased flood levels or flows,
or debris endangering life on property, when such development or obstructions
are located in all or a designated portion of a floodplain.
The unit of measure used to express the area of a lot, tract
or parcel involved in a subdivision or land development; the length
of a lot, in feet, times the width of a lot, in feet.
Natural or mechanical treatment of a mass of soil or ground
area to increase or maintain its stability or otherwise improve its
engineering properties and resistance to erosion.
A conduit that collects and transports runoff.
Water that surfaces, flows or collects during and subsequent
to rain or snowfall.
Any structural or nonstructural device, or combination thereof,
which is designed, constructed and maintained to manage or control
stormwater runoff from a development site, including but not limited
to drainage swales, easements, seepage pits, level lip spreaders,
culverts, pipes, storm sewers, detention or retention basins, ponds
and other similar facilities.
A plan for managing the stormwater runoff from a proposed
subdivision or land development, including data and calculations,
prepared by the developer in accordance with the standards of this
chapter or any applicable municipal or watershed stormwater management
ordinance.
A strip of land, including the entire right-of-way, intended
for use as a means of vehicular and pedestrian circulation, whether
public or private. For the purposes of this chapter, the term "street"
shall include avenues, alleys, boulevards, highways, freeways or roads.
STREET, ALLEYA minor street, privately or publicly owned, which provides secondary access to abutting properties primarily for service to the back or sides of such properties.
STREET, CUL-DE-SACA street intersecting a through street at one end and terminating at the other in a vehicular turnaround.
STREET, LOCALStreets which are used primarily for access to abutting properties, including streets within subdivisions or developments, usually characterized by low operating speeds. For the purposes of this chapter, local streets shall have an average daily traffic of less than or equal to 500 vehicles per day. (See also Appendix A of this chapter.)[4]
STREET, MAJOR ARTERIALMajor highways used primarily for rapidly-moving traffic, which carries a large volume of vehicles between regions and major metropolitan areas, i.e., inter- and intrastate highways or limited access freeways or expressways or roadways with an average daily traffic of more than 20,000 vehicles per day, i.e., Interstate 80.
STREET, MAJOR COLLECTORStreets which facilitate intercommunity travel within the region and provide connection to arterial streets and highways, i.e., SR 2008, Bloom Road. For the purposes of this chapter, major collectors shall have an average daily traffic of between 5,001 and 10,000 vehicles per day. (See also Appendix A of this chapter.)
STREET, MARGINAL ACCESSLocal streets which are parallel and adjacent to arterial or collector streets and which provide access to abutting properties and protection from through traffic.
STREET, MINOR ARTERIALHighways which provide for the movement of large volumes of through traffic between centers of regional importance and provide connections between major arterials and collector roads, i.e., U.S. Routes 11 and 54. For the purposes of this chapter, minor arterials shall have an average daily traffic of between 10,001 and 20,000 vehicles per day. (See also Appendix A of this chapter.)
STREET, MINOR COLLECTORStreets which move traffic into and between subdivisions, developments, rural village centers or other local traffic generators, i.e., Woodbine Road. For the purposes of street design and construction, streets serving 20 or more lots or dwelling units or those with an average daily traffic of between 501 and 5,000 vehicles per day shall be considered to be minor collector streets. (See also Appendix A of this chapter.)
STREET, PRIVATEAll streets not dedicated, accepted or maintained as public streets.
STREET, PUBLICAll streets open to public use and maintained by or dedicated to and accepted by Mahoning Township, the county, the state or the federal government.
The dividing line between the street right-of-way and the
lot.
All public and private streets intended for use as a means
of vehicular circulation.
STREET SYSTEM, MUNICIPALAll public streets maintained by Mahoning Township, including local streets and minor and major collector streets, as applicable.
HIGHWAY SYSTEM, STATEAll public streets maintained by the Pennsylvania Department of Transportation, including minor and major collector streets, arterial highways and interstate highways.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the ground.
STRUCTURE, ACCESSORYA structure detached from a principal structure but located on the same lot which is customarily incidental and subordinate to the principal building, structure or use.
STRUCTURE, PRINCIPALThe main or primary structure on a given lot.
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. (See also "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.
An individual appointed by Mahoning Township, on a full-
or part-time basis, to assist the Township Supervisors and Planning
Commission with the administration and enforcement of the provisions
of this chapter.
A proposal to subdivide or develop one or more tracts of
land. The plan shall include the proposed layout of the subdivision
or land development and shall be accompanied by all other supplementary
materials required by this chapter when submitted for consideration.
(See also "plan.")
A subdivision or land development shall be considered substantially
completed when, in the judgment of the Mahoning Township Engineer,
at least 90% (based on the cost of the required improvements for which
financial security was posted) of those improvements required as a
condition of 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 purpose.
The Board of Supervisors of Mahoning Township, Montour County,
Pennsylvania; the elected governing body of the municipality.
A professional land surveyor, licensed and registered in
the Commonwealth of Pennsylvania.
A low-lying stretch of land which gathers or carries surface
water runoff.
Mahoning Township, Montour County, Pennsylvania, unless otherwise
specified.
An area, parcel, site, piece of land or property which is
the subject of a subdivision or land development application.
See "dwelling, two-family."
Land in its natural state before development.
The specific purpose or activity for which land or a building
is designed, arranged, intended or for which it is or may be occupied
or maintained.
USE, ACCESSORYA use subordinate to the principal use of a building or structure located on the same lot and serving a purpose customarily incidental to the use of the principal building or structure. If no principal use exists on the lot with a lawful accessory use, then such accessory use shall be considered a principal use.
USE, PRINCIPALThe primary purpose for which a lot is occupied or utilized.
A modification granted by the Mahoning Township Supervisors
for relief from the strict application of a specific requirement or
provision of this chapter, which if enforced would cause unique and
undue hardship for the applicant.
Any river, stream, run, drainageway, lake, pond or other
body of water appearing as a permanent or intermittent waterway on
United States Geological Survey maps.
The drainage area of a particular stream or watercourse.
(See also "drainage area.")
A plan for managing stormwater runoff from and within a particular
watershed area.
Any waterworks, water supply or water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
A water facility providing potable water to individual lots
or to the public for human consumption.
WATER SYSTEM, NONPUBLICAll water systems which are not public water systems.
WATER SYSTEM, OFF-LOTAn approved system in which potable water is supplied to a dwelling or other building from a central water source which is not located on the lot with the dwelling or building.
WATER SYSTEM, ON-LOTA well or other approved system designed to provide potable water to a dwelling or building located on the same lot as the source.
WATER SYSTEM, PUBLICA water system, as defined by the Pennsylvania Department of Environmental Protection, which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
Areas which are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal conditions do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas. For the
purposes of this chapter, the term includes, but is not limited to,
wetland areas listed in the State Water Plan, the U.S. Forest Service
Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone
Management Plan, the U.S. Fish and Wildlife National Wetlands Inventory
and wetlands designated by a river basin commission or other regulatory
agency.
An open space which lies on the same lot with a building
or structure, unoccupied and unobstructed from the ground upward.
The required yard shall be the minimum area or open space required
by the Mahoning Township Zoning Ordinance[5] to be provided between the front, side or rear lot lines
and a principal or accessory building or structure on the lot.
The Mahoning Township Zoning Ordinance, enacted September
20, 2004, or as may thereafter be amended.[6]
The permit required by the Mahoning Township Zoning Ordinance
which states the purpose for which a building, structure or land is
to be used is in conformity with the use regulations, the dimensional
requirements, and all other applicable provisions of the Mahoning
Township Zoning Ordinance.
