[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.
- APPLICATION FOR DEVELOPMENT
- 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.
- A structure having a roof supported by columns or walls used for the housing or enclosure of persons, animals, or chattels.
- The surface of a street or alley available for vehicular traffic.
- CLEAR SIGHT TRIANGLE
- 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.
- COMMON OPEN SPACE
- 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.
- DEVELOPMENT PLAN
- 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.
- FINAL PLAN
- A complete and exact subdivision plan prepared for recording as required by statute.
- A temporary inundation of normally dry land areas.
- FLOOD FRINGE
- 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.
- FLOOD, ONE-HUNDRED-YEAR
- 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."
- FLOOD, REGULATORY
- 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."
- FLOOD ELEVATION, REGULATORY
- The one-hundred-year flood elevation.
- LAND DEVELOPMENT
- Any of the following activities:
- A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
- (1) 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
- (2) 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.
- B. A subdivision of land.
- C. "Land development" does not include development which involves:
- (1) 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;
- (2) The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building; or
- (3) 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.
- PERFORMANCE GUARANTEE
- 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.
- PLANNING COMMISSION
- The Muncy Borough Planning Commission.
- PRELIMINARY PLAN
- 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.
- PUBLIC GROUNDS
- PUBLIC HEARING
- 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.
- PUBLIC MEETING
- A forum held pursuant to notice under the Sunshine Act, 65 Pa.C.S.A. § 701 et seq.
- PUBLIC NOTICE
- 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.
- STREET LINE
- 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.
- SUBSTANTIALLY COMPLETED
- 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.
- WATER SURVEY
- 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]
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.
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.
The request for modification shall be referred to the Planning Commission for advisory comments.
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.