A.
As used in this chapter words in the singular include
the plural, and those in the plural include the singular.
B.
The word "person" includes corporation, unincorporated
association and partnership, as well as an individual.
C.
The word "building" includes the meaning of "structure"
and shall be construed as if followed by the phrase "or part thereof."
The following words as used in this chapter shall have the meanings
indicated below:
Every application, whether preliminary, tentative or final, required
to be filed and approved prior to start of construction or development, including
but not limited to an application for a building permit, for the approval
of a subdivision plat or plan or for the approval of a development plan.
An area bounded by streets.
Any body granted jurisdiction under a land use ordinance or under
this chapter to render final adjudications.
The portion of a street intended for vehicle use.
Any public sewerage system or a private sewerage system designed
for the collection of sewerage or industrial wastes of a liquid nature from
two or more lots and the treatment and disposal of the sewage or industrial
wastes, provided such private sewage system is approved by the Antrim Township
Municipal Authority and the Department of Environmental Protection.
A line of unobstructed vision from a point 4 1/2 feet above
the center line of a street to the farthest point on the top of an object
four inches high on the same center line.
An area of unobstructed vision at street intersections defined by
lines of sight between points at a given distance from the intersection of
the street center lines.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site, and designed and intended for
the use or enjoyment of residents of a development, not including streets,
off-street parking areas and areas set aside for public facilities.
Land defined as floodplains, wetlands, and/or having a slope greater
than 25%.
[Added 5-30-2006 by Ord. No. 302]
Those areas of a development tract which are somewhat less sensitive
than primary conservation areas and which may be critical to the effect the
development will have on both the natural environment and the rural character
of the community. The areas listed in § 125-73A are examples of
secondary conservation area land.
[Added 5-30-2006 by Ord. No. 302]
All properties within all residential zoning districts, Agricultural
(A), Agricultural Residential (AR), Low Density Residential (R-1) Medium Density
Residential (R-2) and Community Commercial (CC).
[Added 5-30-2006 by Ord. No. 302]
A legally drafted and recorded agreement between a landowner and
the Township, county, land trust, or other qualified organization in which
the owner agrees to place certain restrictions over all or portions of his/her
land in perpetuity to retain it in a predominantly natural, scenic, agricultural
or other open space condition. Except for the specific restrictions contained
in the easement document, the owner retains all other rights in the property.
The easement stays with the land and is therefore legally binding on present
and future owners.
[Added 5-30-2006 by Ord. No. 302]
Ordinances and regulations of the Township of Antrim that apply to
subdivisions and land developments other than conservation by design regulations.
[Added 5-30-2006 by Ord. No. 302]
Franklin County, Pennsylvania.
A street with access closed at one end with a vehicular turnaround
at the closed end.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance, either by reason of the grant of exclusive jurisdiction
or by reason of appeals from determinations. All decisions shall be appealed
to the court of common pleas of the county and the judicial district wherein
the municipality lies.
Final action by an officer, body or agency charged with the administration
of any land use ordinance or application thereunder except the following:
the governing body, the Zoning Hearing Board, or the Planning Commission,
only if and to the extent the Planning Commission is charged with the final
decision on preliminary or final plans under this chapter or planned residential
development provisions. Determinations shall be appealable only to the boards
designated as having jurisdiction for such appeal.
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
land development.
The removal of more than 250 cubic yards of land from a tract of
real estate or the displacement of more than 7,500 cubic yards of land from
a tract of real estate as a result of any man-made change to improved or unimproved
real estate, including, but not limited to, buildings or other structures,
the placement of mobile homes, streets and other paving, utilities, filling,
grading, excavation mining, dredging or drilling operations, changes in the
contour of the land, removal or destruction of topsoil, trees or other vegetative
cover of the land.
The provisions for development, including a planned residential development,
a plat of subdivision, all covenants relating to use, location and bulk of
buildings and other structures, intensity of use or density of development,
streets, ways and parking facilities, common open space and public facilities.
The phrase "provisions of development plan" when used in this chapter shall
mean the written and graphic materials referred to in this definition.
The flow of water or liquid waste and the methods of directing such
flow.
A surface, other than a street, which provides vehicular access from
a public street to a building on a lot.
[Added 10-24-1995 by Ord. No. 239]
A building or structure designed for living quarters for one or more
families, including homes which are supported either by a foundation or by
blocks or jacks or are otherwise permanently attached to the land, but not
including hotels, rooming houses or other accommodations used for transient
occupancy.
One or more rooms used for living and sleeping purposes and having
a kitchen with fixed cooking facilities arranged for occupancy by one family
or a single person.
A right-of-way granted for limited use of land for public or quasi-public
purposes.
[Amended 10-24-1995 by Ord. No. 239]
A person duly registered as a professional engineer by the Commonwealth
of Pennsylvania.
The Township Engineer or any consultant designated by the Board of
Supervisors to review a subdivision plan and perform the duties of engineer
in behalf of the Township.
A plan for the control of erosion and sediment prepared pursuant
to the rules and regulations of the Franklin County Soil Conservation District
and Pennsylvania Department of Environmental Protection.
[Added 5-30-2006 by Ord. No. 302]
In the Conservation Design District, floodplains shall be the one-hundred-year
floodplain as defined in § 150-4 of the Zoning chapter.
[Added 5-30-2006 by Ord. No. 302]
The yard on which the house fronts on the public or private road
right-of-way and shall coincide with the address. There shall only be one
front yard per parcel.
[Added 1-25-2005 by Ord. No. 291]
A study establishing that the property (tract) to be subdivided is
designed to cause the least practical disturbance to natural infiltration
and percolation of precipitation to the groundwater table.
[Added 5-30-2006 by Ord. No. 302]
Financial infeasibility or financial impracticability, without more,
shall not be deemed a "hardship." A hardship must not have been created by
the applicant but must be caused by the topographical features of the land
proposed to be developed.
An historically significant site or structure shall be defined as
follows:
[Added 5-30-2006 by Ord. No. 302]
Any site or structure in the National Register of Historic Places (a
listing maintained by the Department of the Interior) or preliminarily determined
by the Department of the Interior as meeting the requirements for individual
listing on the National Register;
Certified or preliminary determination by the Secretary of the Interior
as contributing to the historical significance of a registered historic district
or a district preliminary determined by the Secretary to qualify as a registered
historic district;
Individually listed on a state inventory of historic places in states
with historic preservation programs which have been approved by the Secretary
of the Interior; or
Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either:
The historic sites and structures as described in the “Open Space
Plan" amendment to the Township of Antrim Comprehensive Plan.
Any other historic site or structure that is eligible for inclusion
in a federal, state or local registry of historic sites or structures.
Any historic site or structure that the Township deems necessary for
preservation.
[Amended 7-10-2007 by Ord. No. 308]
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.
The division or allocation of land or space, whether initially or cumulatively,
between or among two or more existing or prospective occupants by means of,
or for the purpose of streets, common areas, leaseholds, condominiums, building
groups or other features.
A subdivision of land
Development in accordance with this chapter and the Pennsylvania Municipalities
Planning Code, Act of 1968, and as reenacted and amended.[1]
Paving for commercial or industrial use.
Paving of more than 12,000 square feet for residential use. Paving over
concrete or bituminous surfaces which are already existing shall be excluded
from Subsection C and D above and this Subsection E.
Any alteration of the existing topography on a single nonresidential
lot, tract or parcel of land that alters the drainage characteristics of an
adjoining land parcel(s) or publicly held right-of-way by increasing the rate
of surface water runoff by more than 10%.
Any nonresidential development of land.
Interior changes that create any additional improvements as required
by the Code, including but not limited to: additional parking, increased sewer/water
flows, etc.
Land development does not include development which involves:
The conversion of an existing single-family detached dwelling or single-family
semidetached dwelling into not more than three residential units, unless such
units are intended to be a condominium.
The addition of an accessory building on a lot or lots subordinate to
an existing principal building.
Agricultural buildings under 10,000 square feet.
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 subsection, an amusement park is defined as a tract or area used principally
as a location for permanent amusement structures or rides. This exclusion
shall not apply to newly acquired acreage by an amusement park until initial
plans for the expanded area have been approved by the proper authorities.
The legal or beneficial owner or owners of land, including the holder
of an option or contract to purchase (whether or not such option or contract
is subject to any condition), a lessee if he or she is authorized under the
lease to exercise the rights of the landowner, or other person having a proprietary
interest in the land, shall be deemed to be a "landowner" for the purposes
of this chapter.
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.[2]
A polygonal-shaped lot with the appearance of a "frying pan" or "flag
and staff," in which the handle is most often used as the frontage on a public
street. The "handle" shall be not less than 50 feet in width and the lot shall
meet the other requirements as set forth in § 125-45G of this chapter
and § 150-8E of Chapter 150, Zoning, and other requirements as set
forth in the ordinances of the Township.
[Added 10-24-1995 by Ord. No. 239]
A transportable, single-family dwelling intended for permanent occupancy,
contained in one unit or in two or more units designed to be joined into one
integral unit capable of again being separated for repeated towing, which
arrives at a site complete and ready for occupancy except for minor and incidental
unpacking and assembly operations, and constructed so that it may be used
without a permanent foundation.
A parcel of land in a mobile home park, improved with the necessary
utility connections and other appurtenances necessary for the 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.
A body politic and corporate created pursuant to the Act of May 2,
1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945."[3]
The number of dwelling units per net acre of land devoted to residential
buildings and accessory uses on the same tract within the site but excluding
land for streets, public parking, playgrounds and nonresidential uses.
A map adopted by ordinance pursuant to Article IV of the Municipalities
Planning Code, 53 P.S. § 10401 et seq.
A procedure to determine the absorption rate of the soil in an area
proposed as the installation site for an on-lot septic system. Such a test
will be carried out according to the requirements of the Pennsylvania Department
of Environmental Protection.
An area of land, controlled by a landowner, to be developed as a
single entity for a number of dwelling units, or combination of residential
and nonresidential uses, the development plan for which does not correspond
in lot size, bulk, type of dwelling or use, density or intensity, lot coverage
and required open space to the regulations established in any one district
created, from time to time, under the provisions of this chapter.
The Planning Commission of Antrim Township.
The map or plan of a subdivision or land development, whether preliminary
or final.
Owned, operated or controlled by a government agency (federal, state
or local).
[Added 10-24-1995 by Ord. No. 239]
Includes:
A formal meeting held pursuant to public notice by the Board of Supervisors
or Planning Commission, intended to inform and obtain public comment, prior
to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3, 1986 (P.L.
388, No. 84), known as the "Sunshine Act," 65 P.S. § 271 et seq.
[Amended 7-8-1997 by Ord. No. 246]
Notice published once each week for two successive weeks in a newspaper
of general circulation in the Township. Such notice shall state the time and
place of the hearing and the particular nature of the matter to be considered
at the hearing. The first publication shall not be more than 30 days and the
second publication shall not be less than seven days from the date of the
hearing.
The opposite of the front yard and every lot shall have a rear yard.
There shall only be one rear yard per parcel.
[Added 1-25-2005 by Ord. No. 291]
The same setbacks as the front yard setbacks listed in the minimum
area regulations for the applicable zoning districts.
[Added 1-25-2005 by Ord. No. 291]
A parcel of ground in separate ownership separating a street or road
from adjacent properties or from another street.
The surface water discharge or rate of discharge of a given watershed
after a fall of rain or snow that does not enter the soil but runs off the
surface of the land.
A well maintained fence, wall, hedge or vegetative material at least
five feet in height and of a density to conceal from the view of adjoining
property owners the structures and uses of the premises on which the screening
is required to be located.
The Township Secretary of Antrim Township.
A report concerning the availability, adequacy and/or adaptability
of sewer and water facilities in or near a proposed subdivision/land development.
[Added 5-30-2006 by Ord. No. 302]
Any yard or yards other than the front yard or rear yard.
[Added 1-25-2005 by Ord. No. 291]
Slopes are to be expressed in a percentage based upon the vertical
difference in feet per 100 feet of horizontal distance.
A procedure to permit visual inspection of geological formations
and water table level in an area proposed as the installation site for an
on-lot septic system. Such test will consist of a trench which shall be as
a minimum two feet wide and six feet deep or four feet below the proposed
installation level of the septic field, whichever is deeper. Such tests may
be referred to as a "deep probe" or inspection trench and shall be opened
for inspection by the Township and the Department of Environmental Protection.[4]
A public street, public avenue, public boulevard, public road, public
highway, public freeway, public alleyway or a public parkway which affords
vehicular access to abutting properties.
[Amended 10-24-1995 by Ord. No. 239]
Any man-made object having an ascertainable stationary location on
or in land or water, whether or not affixed to the land.
The owner, developer or the authorized agent of the owner of a subdivision
or land development.
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.
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 the requirements of this chapter) of those improvements
required as a condition for final approval have been completed in accordance
with the approved plan, so that the project will be able to be used, occupied
or operated for its intended use.
A person duly registered as a professional surveyor by the Commonwealth
of Pennsylvania.
A low-lying stretch of land which gathers or carries surface water
runoff.
Antrim Township, Franklin County, Pennsylvania.
A study prepared pursuant to the requirements of the Pennsylvania
Department of Transportation.
[Added 5-30-2006 by Ord. No. 302]
A parcel or parcels of land or an area of water or a combination
of land and water within the development site and designed and intended for
the use or enjoyment of residents of the subdivision or mobile home park or
other development, not including streets, off-street parking areas and areas
set aside for public facilities.
An area of land and/or water meeting one or more of the definitions
of wetland under Federal and/or Pennsylvania law and/or regulations.
[Added 5-30-2006 by Ord. No. 302]
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Township.
A permanent stream, intermittent stream, river, brook, creek, channel
or ditch for water, whether natural or man-made.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: The definition of “lot frontage,” added
10-24-1995 by Ord. No. 239 and which immediately followed this definition,
was repealed 1-25-2005 by Ord. No. 291.
[3]
Editor's Note: See 53 P.S. § 301 et seq.
[4]
Editor's Note: The former definition of "street, private," which immediately
followed this definition, was deleted 10-24-1995 by Ord. No. 239.
