[Amended 11-5-1991 by Ord. No. 422]
In these regulations when not inconsistent with the context:
[Amended 11-5-1991 by Ord. No. 422]
As used in this chapter, the following terms shall have the
meanings indicated:
A minor street which is used primarily for vehicular service
access to the back or sides of properties otherwise abutting on a
street.
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.
Muncy Borough as represented by the Borough Council or their
officially recognized agents, as appropriate under the Borough Code.[1]
A structure having a roof supported by columns or walls used
for the housing or enclosure of persons, animals, or chattels.
MAIN BUILDINGThe building housing the principal use of the lot on which it is located.
GARAGEA building or portion thereof, used for the storage and/or service of motor vehicles.
PRIVATE GARAGEA detached accessory building, or portion of a main building for the parking or temporary storage of automobiles belonging to occupants of the premises.
PUBLIC GARAGEOne garage, or a group of detached garages arranged in a row or surrounding a common means of access, one story in height, and used exclusively for the parking of automobiles by residents, customers, or persons engaged in conduct of establishments in the immediate vicinity of its location.
HEIGHT OF BUILDINGThe vertical distance and the number of stories measured from the basic grade to:
The surface of a street or alley available for vehicular
traffic.
An area of unobstructed vision at street intersections; it
is 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.
A street intersecting another street at one end and terminating
at the other end in a vehicular turnaround.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
Any building or portion thereof which is used for residence.
A right-of-way granted for a limited use of land for a public
or quasi-public purpose.
A complete and exact subdivision plan prepared for recording
as required by statute.
A temporary inundation of normally dry land areas.
That portion of the one-hundred-year floodplain that is outside
the floodway.
The designated area of a floodplain required to carry and
discharge flood waters of a one-hundred-year flood without raising
the flood elevation more than one foot at any point.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year); for purposes of this chapter, the
"regulatory flood."
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this and other ordinance(s)
have been prepared; for purposes of this chapter, the "one-hundred-year
flood."
The one-hundred-year flood elevation.
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.
"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, including farm building,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For 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.
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.
A security, in the form of a bond, certified check or other
satisfactory security, payable to the Borough which shall be used
to insure installation and construction of required improvements in
the event that the completion date is not met.
The Muncy Borough Planning Commission.
A tentative subdivision plan, in lesser detail than the final
plan, indicating the approximate proposed layout of a subdivision
as a basis for consideration prior to preparation of the final plan.
Includes:
A formal meeting held pursuant to public notice by the Borough
Council 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 Sunshine Act, 65
Pa.C.S.A. § 701 et seq.[2]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. 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 horizontal distance between a structure and a street
or property line.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians, whether public or private.
The property line or limit of a right-of-way.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A person, partnership, or corporation who is the owner of
the land to be subdivided or his authorized agent.
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 Borough 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.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Borough.
[Amended 11-5-1991 by Ord. No. 422]
A.Â
The Borough Council may grant a modification of the requirements
of one or more provisions of this chapter if the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modification will not
be contrary to the public interest and that the purpose and intent
of this chapter is observed.
B.Â
All requests for a modification shall be in writing and shall accompany
and be a part of the application for development. The request shall
state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of this
chapter involved and the minimum modification necessary.
C.Â
The request for modification shall be referred to the Planning Commission
for advisory comments.
D.Â
The Borough Council shall keep a written record of all action on
all requests for modifications.
Any regulations or ordinances of the Borough in conflict with
the provisions of these regulations is hereby repealed insofar as
it affects these regulations. The provisions of these regulations
shall control wherever they impose greater restrictions than those
imposed by other laws, ordinances, rules, regulations, permits, easements,
agreements, or covenants.
