[Ord. 1975-8, -/-/1975, § 801]
Unless otherwise expressly stated, the following terms shall,
for the purpose of these regulations, have the meaning indicated:
A.
Words in the singular include the plural and those in the plural
include the singular.
B.
Words used in the present tense include the future tense.
C.
The words "person" or "subdivider," and "owner" include a corporation,
unincorporated association and a partnership, or other legal entity,
as well as an individual.
D.
The word "building" includes structure and shall be construed as
if followed by the phrase "or part thereof."
E.
The word "watercourse" includes channel, creek, ditch, dry run, spring,
stream, and river.
F.
The words "should" and "may" are permissive; the words "shall" and
"will" are mandatory and directive.
[Ord. 1975-8, 6/11/1975, § 802; as amended by Ord.
1978-7, -/-/1978; and by Ord. 1995-2, 3/14/1995]
Other terms or words used herein shall be interpreted or defined
as follows:
See "service alley."
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 three or more streets.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all mobile homes and trailers
used for human habitation.
Front yard line, the line within a property defining the
minimum required distance between any building to be erected, and
an adjacent right-of-way, or front lot line.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
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.
The County of Mifflin, Commonwealth of Pennsylvania.
The Planning Commission of the County of Mifflin.
A publicly or privately owned right-of-way for pedestrian
use extending from a street into a block or across a block to another
block.
An excavation. The difference between a point on the original
ground and a designated point of lower elevation on the final grade.
Also, the material removed in excavation.
Those floodplain districts specifically designated in the Borough Zoning Ordinance [Chapter 27] as being inundated primarily by the one-hundred-year flood. Included would be areas identified as the Floodway District (FW), the Flood-Fringe District (FF) and the General Floodplain District (FA).
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.
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 or other paving, utilities, mining,
dredging, filling, grading, excavation, or drilling operations and
the subdivision of 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.
Any structure, or part thereof, designed to be occupied as
living quarters as a single housekeeping unit.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose, and within which
the owner of the property shall not erect any permanent structures,
but shall have the right to make any other use of the land which is
not inconsistent with the rights of the grantee.
A licensed professional engineer registered by the Commonwealth
of Pennsylvania.
The removal of surface materials by the action of natural
elements.
Any act by which earth, sand, gravel, rock or and other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed and shall include the conditions resulting
therefrom.
Any act by which earth, sand, gravel, rock or any 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. The
difference is elevation between a point on the original ground and
a designated point of higher elevation on the final grade. The material
use to make a fill.
The area along a natural watercourse which is periodically
overflowed by water therefrom.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of one-hundred-year
magnitude.
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.
The area contained within the property lines of a lot (as
shown on the plan), excluding space within all streets and within
all permanent drainage easements, but including the areas of all other
easements.
A metal pipe or pin of at least 1/2 inch diameter (preferred
3/4 inch or 7/8 inch) and at least 24 inches in length (preferred
30 inches to 36 inches).
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 stone or concrete monument with a flat top at least four
inches in diameter or square, containing a copper or brass dowel (plug),
and at least 24 inches in length (preferred 30 inches to 36 inches).
It is recommended that the bottom sides or radius be at least two
inches greater than the top, to minimize movements caused by frost.
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."
A flood that, on the average, is likely to occur once every
100 years, (i.e., that has a 1% change of occurring each year, although
the flood may occur in any year).
A complete and exact subdivision plan (and including all
required supplementary data) prepared for official recording as required
by statute, to define property rights and proposed streets and other
improvements.
That element of the County Comprehensive Plan, hereafter
adopted, which shall show the general location, alignment, and dimensions,
and the identification and classification, of existing and proposed
streets, highways, and other thoroughfares.
The Comprehensive Development Policy Plan (master plan) and/or
future land use plan and/or ultimate right-of-way plan and/or official
map or such other plans, or portions thereof, as may be adopted, pursuant
to statute, for the area of the Borough in which the subdivision is
located.
A tentative subdivision plan (and including all required
supplementary data), in lesser detail than a final plan, showing approximate
proposed street and lot layout as a basic for consideration to preparation
of a final plan.
The copy of the final plan which contains the original endorsements
of the County Planning Commission and the Borough and which is intended
to be recorded with the County Recorder of Deeds.
An 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.
The Planning Commission of Burnham Borough.
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 Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. §§ 271
et seq.
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 one-hundred-year flood elevation.
A parcel of ground in separate (sometimes public) ownership
separating a street from other adjacent properties, or from another
street.
Any replatting or resubdivision of land, limited to changes
in lot lines on approved final plan or recorded plan as specified
in § 305.1 of these regulations. Other replattings shall
be considered as constituting a new subdivision of land. See also
"subdivision."
A lot extending between and having frontage on two generally
parallel streets, (excluding service streets), with vehicular access
solely from one street.
The total width of any land reserved or dedicated as a street,
alley, crosswalk or for any other public purpose.
See "cartway."
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.
The surface water runoff that can be reasonably anticipated
upon maximum development of an area of the watershed located upstream
from any subject tract, as permitted by prevailing zoning or the Township
Comprehensive Plan.
Any structure designed to biochemically treat sanitary sewage
within the boundaries of an individual lot, or a tract of lots.
A sanitary sewage collection system in which sewage is carried
from individual lots by a system of pipes to a central treatment and
disposal plant.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water, or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
A covered watertight settling tank in which raw sewage is
biochemically changed into solid, liquid, and gaseous states to facilitate
further treatment and final disposal.
The required 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 measurement shall be made
from a point 4 1/2 feet above the center line of the road surface
to a point 1/2 foot above the center line of road surface.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
A field test conducted 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.
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise to improve its engineering
properties.
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.
COLLECTOR STREETA street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route serving 50 or more dwelling units to give access to community facilities and/or other collector and major streets (streets in industrial and commercial subdivisions shall generally be considered collector streets); sometimes called a "feeder street," which connects a local street system and a major street or highway system.
CUL-DE-SACA minor street intersecting another street at one end and terminating in a vehicular turnaround at the other end.
HALF (PARTIAL) STREETA street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street.
MAJOR STREET or THROUGH HIGHWAYA street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation; a highway of which preference is given to the through movement of traffic at the expense of cross traffic.
MARGINAL ACCESS STREETA minor street, parallel and adjacent to a major street (but separated from it by a reserve strip) which provides access to abutting properties and control of intersections with the major street.
MINOR or LOCAL STREETA street used primarily to provide access to abutting properties.
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any individual, co-partnership or corporation (or agent authorized
thereby) which undertakes the subdivision of land, as defined by these
regulations as the owner, equitable owner (or agent authorized thereby)
of the land being subdivided.
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.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
A low lying stretch of land which gathers or carries surface
water runoff.
A system to distribute sewage effluent into the soil for
absorption and vaporization through open jointed or perforated pipes
laid in the upper soils strata.
Surface soils and subsurface soils which presumable are fertile
soils and soil material, ordinarily rich in organic matter of humus
debris. Top soil is usually found in the upper most soil layer called
the "A" horizon.
A permanent stream, intermittent stream; river, brook, creek
or a channel or ditch for water whether natural or man-made.
A system for supplying and distributing water from a common
source to two or more dwellings and/or other buildings within a single
neighborhood.
A system for supplying and distributing water to a single
dwelling or other building from a source located on the same lot.
A system for supplying and distributing water from a common
source to dwellings and other buildings, not necessarily confined
to one neighborhood.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Borough.
