Borough of Moosic, PA General Provisions

For the purpose of this chapter, the words and terms used herein shall be interpreted as follows:

Words used in the present tense include the future.

The singular includes the plural.

The word "person "'includes a corporation, partnership, association, or other legal entity, as well as an individual.

The word "lot" includes the word "plot" or "parcel."

The term "shall" is mandatory.

(f)

The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be occupied."

(g)

The word "Commission" and the words "Planning Commission" shall mean the Moosic Borough Planning Commission.

AVERAGE DAILY TRAFFIC (ADT)

Any word or term not defined herein shall be used with a meaning of standard usage.

Unless a contrary intention clearly appears, the following words and phrases shall have, for the purpose of this chapter, the meanings given in the following clauses:

AGRICULTURAL PURPOSE

Those land uses that are devoted to the production of agricultural, horticultural, orchards, viticultural and dairy products, livestock, ranch-raised fur-bearing animals, poultry, bee raising, forestry, sod crops, and any and all products raised on farms intended for human consumption.

ALLEY or COURT

A right-of-way that is used primarily for vehicular service access to the back or the side of properties otherwise abutting a street.

APPLICANT

The landowner or the authorized agent of the landowner requesting the approval of a proposed subdivision or land development under this chapter. When the applicant is the authorized agent of the landowner, the agent will be an acceptable applicant only if there is a notarized authorization to that effect.

APPLICATION, FINAL

All documentation and legally binding commitments which the applicant must submit for approval based on the plans approved under the preliminary application process. Approval of the final application authorizes the applicant to proceed with the sale of lots and/or the sale of improved parcels; such authorization, however, may be subject to additional requirements of this chapter as well as other municipal ordinances.

APPLICATION, PRELIMINARY

All plans and other documents required to be submitted for the review of a proposed subdivision or a land development. Approval of the preliminary application authorizes the applicant to proceed with the final application process, including the submission of required guarantees for the construction of required improvements in accordance with Article VII hereof.

The actual or calculated total vehicular trips that occur, or are expected to occur, on a specific street within a typical weekday.

BERM

A linear earth mound with a maximum slope of three to one with a grass cover or a maximum slope of two to one when shrubbery or ground cover is used.

BLOCK

An area bounded by three or more streets.

BUILDING SETBACK LINE

The line parallel to the proposed right-of-way line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located; provided that, in the case of a lot where the side lines are not parallel, the building setback line shall be where lot width first coincides with the required minimum lot width but in no case closer to the street line than the required front yard.

CALIPER

The diameter of the main trunk of a tree. Caliper measurement shall be taken at a point on the trunk six inches above natural ground line for trees up to four inches in caliper and at a point 12 inches above the natural ground line for trees over four inches in caliper.

CARTWAY

The paved portion of a street right-of-way.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the streets, as regulated in § 268-35 hereof.

CLUSTER DEVELOPMENT

A residential cluster shall include an area to be developed as a single entity according to a plan containing residential housing units in which the individual lots have a common or public open space as an appurtenance. Such common or public open space shall be assured of continued operation and maintenance either through the dedication of such area to the municipality and the municipality's acceptance thereof, or through the creation of a homeowners' association, or the developer's acceptance of such responsibility including such legally binding agreements as may be required to achieve such assurances.

COMPREHENSIVE PLAN

A plan prepared for the Borough of Moosic intended to provide a long range plan for the development of the municipality. The Comprehensive Plan may or may not have been formally adopted by the municipality.

CONDOMINIUM

As defined within the Uniform Condominium Act, No. 82 of 1980,[1] as amended: Real estate, portions of which are designed for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the included interests in the common elements are vested in the unit owners.

COURT

Refer to "alley."

CROSSWALK

A publicly or privately owned right-of-way for pedestrian use that crosses a cartway or cuts across a block so as to furnish access for pedestrians to adjacent streets or properties.

CUL-DE-SAC

A street intersecting another street at one end and terminating in a vehicular turnaround at the other end.

DENSITY

A measure of the number of dwelling units per unit of area. It shall be expressed in dwelling units per acre. The measure is arrived at by dividing the number of dwelling units by the net area of the site.

DESIGN STANDARDS

Regulations, as stated in Article V, imposing standards in the layout by which a subdivision or land development is governed.

DETENTION BASIN

A reservoir which temporarily contains stormwater runoff and releases it gradually into a watercourse or stormwater facility.

DEVELOPER

See definition of "subdivider."

DRIVEWAY

A private vehicular service road providing access to a single lot, building, dwelling or garage.

DWELLING

A building designed and occupied for residential purposes, excluding hotels, rooming houses, tourist homes, institutional homes, residential clubs, mobile home parks, and the like.

SINGLE-FAMILY DETACHED DWELLINGA building designed for or occupied as a dwelling for one family.

SINGLE-FAMILY ATTACHED DWELLINGA building designed for two or more dwelling units attached by common or party walls, commonly identified as twin homes when two units are attached or townhouses or row houses when three or more units are attached together in a structure.

DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.

(4)

DWELLING, TOWNHOUSEA townhouse shall include a group of not more than eight single-family attached dwellings separated from each other by common walls, where each unit contains a separate and private entrance to the outside.

(5)

DWELLING, GARDEN APARTMENTSA group of rental units, generally under single ownership (but a condominium is not precluded) where there shall not be more than eight dwelling units contained within each structure; such structures containing garden apartment units are generally less than four stories in height although in the municipality they shall not exceed a height of 2.5 stories or 35 feet.

(6)

DWELLING GROUPA group of two or more residential buildings on a single zone lot.

(7)

MULTIFAMILY DWELLINGA building designed for, occupied or used for dwelling purposes by three or more families living independently of one another, including, but not limited to, garden apartments and townhouses.

DWELLING UNIT

A single habitable living unit occupied by one or more persons living together and maintaining a common household. Each dwelling unit shall have its own toilet, bath or shower, sink, sleeping and cooking facilities, and separate access to the outside or to a common hallway or balcony that connects to outside access at ground level. No dwelling unit shall include a separate living area that is completely separated by interior walls so as to prevent interior access from the remainder of the living area.

EASEMENT

A right-of-way granted, but not dedicated, for limited use of private land for a private, public or quasi-public purpose.

ENGINEER

A professional engineer registered by the Commonwealth of Pennsylvania.

ENGINEER, MUNICIPAL

A registered professional engineer designated by the governing body to perform the duties of engineer as herein specified; provided, however, that the Municipal Engineer shall not represent any applicant or be employed by a firm representing an applicant before any official body of the municipality.

EXCESSIVE SLOPE

Areas with a slope of 20% or more which are deemed by the Planning Commission as unsuitable for development, and thereby deducted from the gross site area for purposes of calculating residential densities.

FIRE CHIEF

One of the fire chiefs of the Borough of Moosic representing the fire company that will serve the proposed development.

FLOODPLAIN

A relatively flat or low land area adjoining a river, stream, or watercourse that is subject to partial or complete inundation; and/or an area subject to the unusual and rapid accumulation or runoff of surface waters from any source, the boundaries of which are delineated and more fully described in Chapter 300, Zoning.

FLOODPLAIN SOILS

Soils in areas subject to periodic flooding and listed in the Soil Survey of Lackawanna and Wyoming Counties. Pennsylvania, U.S. Department of Agriculture, Soil Conservation Service, March 1982, as being on the floodplain or subject to flooding. Floodplain soils include, but are not limited to:

HIGHWAY CLASSIFICATION MAP

Fluvents and fluvaquents.

Holly.

Philo.

Pope.

Urban land, occasionally flooded.

GOVERNING BODY

The Borough Council of the Borough of Moosic.

A map contained in the Lackawanna Valley Corridor Plan, 1996, that serves to categorize existing streets.

IMPERVIOUS SURFACE RATIO

A measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the net site area.

IMPERVIOUS SURFACES

Those surfaces that do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks, and any areas in concrete, asphalt, and packed stone shall be considered impervious surfaces within this definition. In addition, other areas determined by the Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.

IMPROVEMENTS SPECIFICATIONS

Regulations, as stated in Article VI, imposing minimum standards for the construction of required improvements, including, but not limited to, streets, curbs, sidewalks and sewers.

LAKES and PONDS

Natural or artificial bodies of water that retain water year-round. Artificial ponds may be created by dams or result from excavation. The shoreline of such water bodies shall be measured from the permanent pool elevation. Lakes are bodies of water two or more acres in extent. Ponds are any water body less than two acres in extent.

LAND DEVELOPMENT

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 following is excluded from classification as a land development and is not required to be reviewed by the Planning Commission:

The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.

LANDSCAPE ARCHITECT

A professional landscape architect registered by the Commonwealth of Pennsylvania.

LEVEL OF SERVICE

As described in the Highway Capacity Manual, Special Report 209 (Washington, D.C.: Transportation Research Board, National Research Council, 1985, as may be amended from time to time), the quality of traffic movement on a particular street or through a particular intersection.

LOT or ZONE LOT

A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street.

LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."

LOT DEPTHThe mean horizontal distance between the front and the rear lot lines.

LOT, INTERIORAny lot that is not a corner lot.

(4)

LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.

(5)

LOT LINESThe property lines bounding the lot.

LOT LINE, FRONTThe ultimate right-of-way line of the street or road.

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. A side lot line separating a lot from a street is called a side street lot line.

LOT LINE, STREET OR ALLEYA lot line separating the lot from a street or alley.

(6)

LOT WIDTHThe mean width of the lot measured at right angles to its depth. Such a line along which the minimum lot frontage shall be measured at a point which shall coincide with the building setback or front yard line.

LOT AREA

The computed area contained within the lot lines and the ultimate right-of-way line.

GROSS LOT AREAThe area contained within the property lines of a lot without regard for portions of the lot that may be restricted or preempted as easements for roadways or utility rights-of-way or similar requirements.

LOT AREA PER DWELLING UNIT, AVERAGE (MINIMUM)

NET LOT AREAThe area contained within the property lines of a lot (as shown on the development plan), excluding space within an existing or ultimate street right-of-way and within all permanent drainage easements, but including the areas of all other easements, such as pipelines and overhead transmission lines assigned an individual owner or to a given collective use by means of a subdivision of land. Open space required under this chapter shall not be counted as a portion of the lot area for the purposes of measuring lot area per dwelling unit.

The minimum lot area that is expressed as an average of all lots for a single type of dwelling unit.

LOT LINE ADJUSTMENT

Refer to “subdivision, minor.”

MAJOR INTERSECTION

Any intersection of one or more collector or arterial streets.

MARKER

A metal pipe or pin of at least 0.5 inch in diameter and at least 24 inches in length.

MONUMENT

A stone or concrete monument with a flat top of at least four inches square; scored with an "X" to mark the reference point; at least 30 inches in length, the bottom sides of which are at least two inches greater than the top to minimize movements caused by frost.

OPEN SPACE

OPEN SPACE, COMMONA 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 the residential development, not including streets, off-street parking areas, and areas set aside for public facilities. Common open space includes both developed (active) and undeveloped (passive) open space.

OPEN SPACE, DEVELOPED (ACTIVE)Land that is set aside for use as active recreational areas, such as playfields, playgrounds, skating rinks, swimming pools, tennis courts, and areas for water management (storm, waste, potable supply).

OPEN SPACE, UNDEVELOPED (PASSIVE)Land used for passive recreation, agriculture, resource protection, amenity, or buffers and protected from future development by the provisions of this chapter to ensure that it remains as open space.

OPEN SPACE RATIO

The total amount of open space within a site divided by the net site area.

PARCEL

Any piece of land, including all adjacent pieces of land held in single and separate ownership by the same owner(s) regardless of the fact that such ownership may be described in separate deeds.

PEAK HOUR TRAFFIC

The highest number of vehicles found or expected to be found during the a.m. or p.m. hours, passing over a section of street in 60 consecutive minutes.

PLAN, FINAL

A complete and exact subdivision plan, including all required supplementary data, prepared for official recording as required by statute, defining property rights and proposed streets and other improvements.

PLANNING COMMISSION

The Planning Commission of the Borough of Moosic.

PLANNING MODULE

An application required by the Pennsylvania Sewage Facilities Act,[2] § 5(a) and (d), and § 71.15(b) and (c) of the Pennsylvania Department of Environmental Protection (or any successor agency), Title 25: Rules and Regulations, Chapter 71, Administration of the Sewage Facilities Program, as amended.

PLAN, PRELIMINARY

A tentative formal subdivision plan (and including all supplementary data), showing proposed street and lot layout as a basis for consideration prior to preparation of the final plan.

PLAN, RECORD

A copy of the final plan that contains the original required endorsements of the Borough of Moosic and that is intended to be recorded with the Lackawanna County Recorder of Deeds.

PLAN, SKETCH

An informal plan, indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision or land development.

PLAT

The map or plan of a subdivision or land development, whether preliminary or final.

PROFESSIONAL CONSULTANT

Person who provides expert or professional advice, including, but not limited to, architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.

[Added 6-12-2007 by Ord. No. 11-2007]

PUBLIC TRANSPORTATION

Transportation service for the general public provided by a common carrier of passengers generally on a regular route basis.

RECREATION

RECREATION, COMMERCIALRecreation facilities operated as a business and open to the general public for a fee.

RECREATION, PRIVATE NONCOMMERCIALClubs or recreation facilities, operated by a nonprofit organization and open only to bona fide members of such organization.

SECRETARY, PLANNING COMMISSION

RECREATION, PUBLICRecreation facilities operated as a nonprofit enterprise by the municipality, and other governmental entity or any nonprofit organization and open to the general public.

RESUBDIVISION

Any replatting or new division of land. Replattings shall be considered as constituting a new subdivision of land. See definition of "subdivision."

REVIEW

An examination of a plan to determine compliance with this chapter, Chapter 300, Zoning, and other pertinent requirements.

RIGHT-OF-WAY

Land set aside for passage, such as utility, street, alley or other means of travel. The legal right-of-way as established by the commonwealth, or other appropriate governing authority, and currently in existence.

RUNOFF

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 on the surface of the land.

SECRETARY, BOROUGH

The Secretary of the Borough of Moosic, herein referred to as the "Secretary."

The Recording Secretary of the Planning Commission of the Borough of Moosic.

SEWAGE ENFORCEMENT OFFICER

The Sewage Enforcement Officer of the Borough of Moosic who shall be certified as required under Pennsylvania law.

SEWER

A public or private sanitary sewer system.

PUBLIC SEWER SYSTEMA sewer that is owned by the municipality, or under the jurisdiction of PUC, or a sewer that serves or has the potential of serving more than one individual tract of land.

PRIVATE SEWER SYSTEMAny other sewer.

SIGHT DISTANCE

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. Sight distance measurements shall be made from a point 3.5 feet above the center line of the cartway surface to a point 3.5 feet above the center line of the cartway surface.

SITE

A parcel or contiguous parcels of land intended to have one or more buildings or intended to be subdivided into two or more lots. Also a tract.

SITE AREA

GROSS SITE AREAAll land area within the site as defined in the deed. Area shall be determined from an actual site survey rather than from a deed description.

SITE CAPACITY CALCULATION

NET SITE AREAThe remainder of the gross site area after subtracting all lands within the existing roads or their ultimate rights-of-way and all lands without development opportunities due to restrictions such as drainage easements, restrictive covenants and conservation easements, and other environmental constraints such as excessive slope, wetlands and floodplains.

A computation intended to determine the appropriate intensity of use for a given tract.

SOIL PERCOLATION TEST

A field test conducted by the Borough's Sewage Enforcement Officer to determine the suitability of the soil for on-site sanitary sewage disposal facilities by measuring the absorptive capacity of the soil at a given location and depth.

SOLICITOR

The Solicitor of the Moosic Borough Planning Commission.

STREET

A public or private thoroughfare with a right-of-way not less than 30 feet in width if in existence prior to the passage of this chapter or a right-of-way of not less than 50 feet in width if established subsequent to the passage of this chapter which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfares except an alley.

THOROUGHFARES:

PRINCIPAL ARTERIALSMajor regional highways, with full or partial access control, designed for a large volume of through traffic, with an expected average daily traffic count of 4,001 trips or greater.

MINOR ARTERIALSRoutes providing interstate and intercounty service with an expected average daily traffic count of 3,001 to 4,000 trips.

MAJOR COLLECTORSStreets designed to provide access between local, feeder or minor collector streets and arterials and expressways. Access is controlled by limiting curb cuts and providing marginal access areas. An average daily traffic count of 2,001 to 3,000 trips is expected.

MINOR COLLECTORSStreets that primarily serve to connect feeder and local streets with major collectors and arterials. An average daily traffic count of 1,201 to 2,000 trips is expected.

LOCAL STREETS:

FEEDER STREETSStreets providing connection between local streets and collectors having an average daily traffic count of from 651 to 1,200 trips and designed for an operating speed of 25 miles per hour.

LOCAL STREETSStreets used primarily to provide access to more heavily traveled streets for abutting properties in internally developed areas. An average daily traffic count of up to 650 trips is expected and designed for an operating speed of 25 miles per hour.

MARGINAL ACCESS STREETSMinor streets parallel and adjacent to arterials or minor or major collectors, but separated from said arterials or collectors by a planted strip of land, that provide access to abutting properties. Such roads shall carry only one-way traffic.

HALF OR PARTIAL STREETSStreets parallel and adjacent to a property line that have a lesser right-of-way width than required by this chapter.

WARRANTS FOR TRAFFIC SIGNAL INSTALLATION

SIDE STREETAny street, the length of which shall be not more than 50% of the length of the largest street line of the municipality's blocks of which it is part.

(f)

SERVICE ROADA minor right-of-way providing secondary vehicular access to the side or rear of two or more properties. Such roads shall carry only one-way traffic.

(g)

RESIDENTIAL STREETA street between two intersecting streets upon which an R District abuts, or where 50% or more of the abutting street frontage is in predominantly residential use.

STREET LINE

The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way provided that where an ultimate right-of-way width for a street has been established, that width shall determine the location of the street line.

STUDY AREA

An area encompassing a radius of 0.5 mile from all proposed or existing access points; or to and including a major intersection with a collector or arterial, whichever area is greater.

SUBDIVIDER

Any individual, copartnership or corporation (or agent authorized thereby) that undertakes the development or subdivision of land, as defined by this chapter, as the owner (or agent authorized thereby) of the land being developed or subdivided.

SUBDIVISION

The division or redivision of a lot or tract of land by any means into two or more lots or tracts or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership, building or lot development, mortgage liens or auctions; 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 residential dwellings shall be exempted.

SUBDIVISION, MAJOR

The division of a lot or tract of land, or part thereof, into two or more lots or tracts for the purpose, whether immediate or future, of transfer of ownership or of building development, that requires the installation of public improvements.

SUBDIVISION, MINOR

The division of a lot or tract of land into five or fewer lots for the purpose, whether immediate or future, of transfer of ownership or of building development, provided that the proposed lots thereby created have frontage on an improved street or streets, and provided further that there is not created by the subdivision any new street, any required public improvements, or the need therefor. No parcel of land held in single or separate ownership at the time of application for a minor subdivision may be further subdivided into an aggregate of more than five lots, tracts or parcels of land at any time subsequent to that date except in accordance with the requirements for a major subdivision. A lot line adjustment shall be administered in the same manner as a minor subdivision.

SURVEYOR

A surveyor registered by the Commonwealth of Pennsylvania.

SWALE

A low lying area that is designed to accommodate the proper channeling of stormwater.

TRACT

One large lot or two or more contiguous lots that are held in single and separate ownership. Land held in single ownership which consists of lands to be subdivided or suitable for a land development. The tract shall consist of not less than the minimum area required for subdivision or development as set forth herein.

TRIP GENERATION RATES

The total count of trips expected to and from a particular land use.

VOLUME/CAPACITY ANALYSIS

A procedure, as described in the Highway Capacity Manual, Special Report 209 (Washington, D.C.: Transportation Research Board, National Research Council, 1985, as may be amended from time to time), that compares the volume of a street or intersection approach to its capacity (maximum number of vehicles that can pass a given point during a given time period).

A series of justifications that detail the minimum traffic or pedestrian volumes or other criteria necessary for the installation of a traffic signal. These warrants are contained in the Manual on Uniform Traffic Control Devices for Streets and Highways, United States Department of Transportation, Federal Highway Administration, 1971, § 4C-1 through 4C-10, as may be amended from time to time.

WATERCOURSE

A permanent stream, intermittent stream, river, brook, creek, or a channel or ditch for water, whether natural or man-made.

WATER SUPPLY, CENTRAL

Any municipal water supply system, or any system for the supply and distribution of water to more than one user unit (dwelling, business, institution, or combination thereof).

WATER SUPPLY, PRIVATE

A system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.

WETLANDS

Marshes, swamps, bogs and areas where soils are slowly permeable, a high water table exists and there is a slope of less than 1%.

WOODLAND ASSOCIATION

Areas, groves, or stands of mature or largely mature trees (i.e., greater then six inches caliper as measured at a point four feet above grade) covering an area greater than 1/4 acre; or groves of mature trees (greater then 12 inches caliper as measured at a point four feet above grade) consisting of more than 10 individual trees. Woodlands consist of three different associations that can be determined by field survey in combination with aerial photo interpretation:

FLOODPLAIN ASSOCIATIONA woodland association that occurs primarily on floodplain soils. Mature trees within this association consist of:

Silver maple/black walnut/sycamore;

Ash/red maple/elm;

Red maple/white oak/pin oak;

Silver maple/red birch; or

Silver maple/sycamore/elm.

MEISIC ASSOCIATIONA woodland association that occurs on poorly drained soils, and that will, over time, consist mainly of beech trees. Mature trees within this association consist of:

Sweet gum/red maple;

Red maple/ash/tulip poplar;

Oak/sweet gum/red maple;

Oak/red maples/ash/tulip poplar; or

Oak/hickory/beech.

UPLAND ASSOCIATIONA woodland association that occurs on slightly drier and more well drained soils, and that will, over time, consist mostly of mixed oaks. Mature trees within this association consist of:

Black locust; or