For the purpose of this chapter, words used in the present tense
include the future tense; the term "shall" is always mandatory; the
term "includes" or "including" shall not limit the term to the specific
example, but is instead intended to extend its meaning to all other
instances of a like kind and character; other terms or words used
herein shall be interpreted or defined as follows.
As used in this chapter, the following terms shall have the
meanings indicated in this section:
The means by which vehicles or pedestrians obtain entrance
or entry into a parcel, lot or building or into a subdivision or land
development.
EASEMENT OF ACCESSAn easement granted for use by the public for the purpose of providing vehicular and/or pedestrian access to a parcel, lot, building, subdivision, or land development.
RIGHT-OF-ACCESSThe right of the public to have vehicular and/or pedestrian access over a specifically designated area, easement or property.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes enterprises
that implement changes in production practices and procedures or types
of crops, livestock, livestock products, or commodities produced consistent
with practices and procedures that are normally engaged in by farmers
or are consistent with technological development within the agricultural
industry.
A permanent service way providing a secondary means of access
to abutting lands.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his/her heirs, successors
and assigns.
Property bounded on one side by a street and on the other
three sides by a street, railroad right-of-way, waterway, unsubdivided
area, or other definite barrier.
A bona fide bid is a bid secured by the applicant from a
contractor or contractors for the purpose of verifying the estimated
cost to complete the required improvement or improvements that are
the responsibility of the applicant to provide under the terms of
this chapter. Said bona fide bid shall include all costs and activities,
as determined by the Borough Council, that will provide for the completion
of all of the required improvements or maintenance.
Borough of Lewistown, Mifflin County, Pennsylvania.
Borough Council of the Borough of Lewistown, Mifflin County,
Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Borough of
Lewistown.
An area within a property or site generally adjacent to and
parallel with the property line, either consisting of natural vegetation
or created by the use of trees, shrubs, fences, and/or berms, designed
to limit the view, sound and/or light from the site to adjacent sites
or properties.
Source: The New Illustrated Book of Development Definitions
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A detached subordinate building or structure, the use of
which is customarily incidental to that of the principal building
or use and which is located on the same lot as occupied by the principal
building or use and is not considered a substantial improvement.
Source: The New Illustrated Book of Development Definitions
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The minimum distance from any lot line to any building or
structure to be erected on the lot.
Includes the portion of the entire right-of-way of a street
that contains an improved travel way for vehicles, including space
for shoulders and/or parking lanes.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorist entering or leaving the intersection.
Source: The New Illustrated Book of Development Definitions
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The Planning Commission of the County of Mifflin.
The complete plan, or any part of a plan, designed to govern
and direct the future development and growth of the Borough.
A study to determine the potential direct or indirect effects
of a proposed development on activities, utilities, circulation, surrounding
land uses, community facilities, and the environment.
An agreement or correspondence between matters being compared
that denotes a reasonable, rational and similar connection or relationship.
Mifflin County, Pennsylvania.
A land use and growth management plan adopted by the County
Commissioners that establishes broad goals and criteria for municipalities
to use in preparation of their comprehensive plans and land use regulations.
A local street having one end open to traffic and being permanently
terminated by a vehicular turnaround. A "hammerhead" is another type
of turnaround.
A vegetated basin designed to drain completely after storing
runoff only for a given storm event and release it at a predetermined
rate. Also known as a "dry pond."
Any land owner or agent of such land owner or tenant with
the permission of such land owner, who makes or causes to be made
a subdivision of land or a land development. The term "developer"
is intended to include the term "applicant" as defined herein.
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
the development," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
A private drive providing access between a public or private street or access drive and a parking area for a single unit of occupancy, a farm or land development, which shall comply with any other ordinance regulating the placement and/or construction of driveways that may be enacted. A shared driveway is a single driveway serving two adjoining lots that meet minimum road frontage requirements. [See § 220-13E(7)(d) and H.]
Any building, vehicle or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons.
A grant by the property owner of the use of an area of land
by the public, a corporation, or persons for specified purposes.
A professional engineer licensed by the Commonwealth of Pennsylvania
to practice engineering.
A deposit made out to the benefit of the Borough, in an amount
sufficient to guarantee and cover the entire costs of any required
improvement or maintenance that is the responsibility of the applicant
to provide under the terms of this chapter but that will allow the
Borough to complete said improvements or maintenance in their entirety
without any additional cost to the Borough in the event of a default,
negligence, cost overrun, or inflationary increase in price, or failure
of any type of the applicant to provide or complete said required
improvements or maintenance.
Said financial security shall be approved by the Borough Council
and may include irrevocable letters of credit and restrictive or escrow
accounts in a federal or commonwealth chartered lending institution
or other type of financial security acceptable to the Borough Council,
and such security shall be posted with a bonding company or with a
federal or commonwealth chartered lending institution authorized to
conduct business in the commonwealth.
A lot with less lot frontage on a public or private street than is normally required. The flagpole is a narrow access corridor to a lot located behind other lots that usually meet the required lot frontage. [See § 220-13E(7).]
Source: The New Illustrated Book of Development Definitions
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The area of inundation, including the floodway and floodway
fringe, that functions as a conveyance, storage or holding area for
floodwater to a width required for a one-hundred-year flood.
The sum of the gross horizontal areas of the several floors
of a building or structure from the exterior face of exterior walls,
or from the center line of a wall separating two buildings, but excluding
any space where the floor-to-ceiling height is less than six feet.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes that do not involve any land development.
The horizontal or curvilinear distance along a public street
or private street line upon which a lot abuts.
DOUBLE FRONTAGEA lot that has frontage on and access from two streets that are approximately parallel to each other.
REVERSE FRONTAGE LOTA double frontage lot that extends between and that has frontage on an arterial street and a local or collector street and that has access only from the local or collector street and that has its access prohibited from the arterial street.
That which exhibits consistency.
The total area of a lot covered by an impervious surface.
The impervious area is generally represented as a percentage of the
overall lot area.
A surface that prevents the percolation of water into the
ground. For the purpose of this chapter, stoned parking area shall
be considered as an impervious surface.
Source: The New Illustrated Book of Development Definitions
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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.
Where a substantial improvement occurs and/or a Pennsylvania
Department of Transportation highway occupancy permit is required.
A subdivision of land.
Excluded from this definition of "land development" are the
following:
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 buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise that 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 the 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 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 is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
An off-street loading and unloading space shall be not less than 10 feet in width, 22 feet in length and 12 feet in height and shall be designed in accordance with the provisions of Chapter 240, Zoning, Article IX, General Regulations, § 240-55, Off-street parking spaces and off-street loading spaces; design standards and change in requirements, of the Code of the Borough of Lewistown, as it may be amended from time to time.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit. (See also "lot frontage.")
Lot addition subdivisions involve parcels of land that may or may not meet all of the requirements of a lot as defined by this chapter. Lot addition subdivisions allow owners of land to subdivide land and convey such subdivisions to adjacent property owners. The subdivision shall not create a nonconforming lot of the residual tract after subdivision. The lot created by the subdivision shall be conveyed to the adjoining property owner and shall be considered to be an extension of that property owner's original lot. [See §§ 220-11B and 220-21B(1)(g).]
The length of the front lot line measured at the right-of-way
of a public street or private road. On an interior lot, the lot line
abutting a street; or on a corner lot, the shorter lot line abutting
a street; or on a through lot, the lot line abutting the street providing
the primary access to the lot; or on a flag lot, the lot line most
parallel to and nearest the street from which access is obtained.
Source: The New Illustrated Book of Development Definitions
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The process of adjusting or eliminating an existing lot line that divides one lot from another lot or which adjusts or eliminates an existing lot line, or adjusts or eliminates an existing lot line from a public street, private street or any other public space. The term "lot line adjustment" also includes "lot consolidation" where two lots or portions thereof are merged into one lot by a lot line adjustment. The act of adjusting a lot line requires submission of a subdivision and land development plan. (See § 220-11B.)
The width of the lot at the front building line measured
parallel to the street right-of-way line or, in the case of a curvilinear
street, parallel to the chord of the arc between the intersection
of the side lot lines and the street right-of-way. For a flag lot,
the lot width shall be measured at the flag. The relation of the depth
of any single-family detached dwelling lot to its width shall not
be greater than three to one. (See also "lot frontage.")
Very low density residential includes developments having a
density of no more than one dwelling unit per acre.
Low density residential includes developments having a density
of between one and three dwelling units per acre.
These areas generally conform with the more rural or open areas
of the Borough requiring lesser development standards and improvements
than developments located in the medium density residential areas.
Medium and/or high density residential includes residential
developments having a density of more than three dwelling units per
acre. This generally defines the more urbanized or built-up areas
of the Borough requiring higher development standards and improvements
than those that are located in the low density residential areas.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
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 or incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation,
except for a "travel trailer" as defined herein.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
Any lot, parcel or tract of land at least five acres in size,
upon which three or more mobile homes are located for occupancy and
used by persons of different families other than members of one household.
A concrete, stone or other permanent object placed to designate
boundary lines, corners of property, and rights-of-way of streets
and utilities, for the purpose of reference in land and property survey.
The Pennsylvania Municipalities Planning Code, also known
as the Act of July 31, 1968, P.L. 805, No. 247, as reenacted and amended.[1]
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945," now repealed, or pursuant to the Act of June 19, 2001
(P.L. 287, No. 22), known as the "Municipality Authorities Act," 53
Pa.C.S.A. Ch. 56, as amended and supplemented from time to time.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania duly appointed as the engineer for a municipality
or its planning agency.
Any map adopted by ordinance pursuant to Article IV of the Pennsylvania MPC.
An off-street parking space shall be not less than eight feet in width and 18 feet in length and shall be designed in accordance with the provisions of Chapter 240, Zoning, Article IX, General Regulations, § 240-55, Off-street parking spaces and off-street loading spaces; design standards and change in requirements, of the Code of the Borough of Lewistown, as it may be amended from time to time.
The Pennsylvania Department of Transportation.
The Pennsylvania Department of Environmental Protection.
A map or chart, also known as a "plat," indicating the subdivision
or resubdivision of land that in its various stages of preparation
can include the following:
SKETCH PLANAn informal plan indicating salient existing features of a tract and its surroundings and the general layout of the proposed subdivision to be used as a basis for informal consideration by the Borough Council or Borough Planning Commission.
PRELIMINARY PLANA tentative plan showing proposed streets and lot layout and such other information as required by this chapter.
FINAL PLANA complete and exact plan, prepared for official recording as required by this chapter, to define property rights and proposed streets and other improvements, as required by this chapter.
RECORD PLANThe copy of the final plan that contains the original endorsements or approvals of the Borough Council and that is intended to be recorded with the Mifflin County Recorder of Deeds, as required by this chapter.
The Borough of Lewistown Planning Commission.
The map or plan of a subdivision or land development, whether
preliminary or final.
When used in connection with natural and historic resources,
shall include means to conserve or safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
A street that is not owned by a public entity. The Borough
of Lewistown shall not be responsible for the repair or maintenance
of a private street.
Land used for agricultural purposes that contains soils identified
as prime farmland soils and additional farmland soils of statewide
importance, as defined by the United States Department of Agriculture
Natural Resource and Conservation Services County Soil Survey.
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
Includes:
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the Pennsylvania Municipalities
Planning Code.
A forum held pursuant to notice under 65 Pa.C.S.A. § 701
et seq. (relating to open meetings).
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.
A street that is constructed in accordance with the applicable
provisions of this chapter and any other applicable Borough regulations
and is offered for dedication to the Borough and accepted by the Borough
to ensure permanent public ownership and maintenance by the Borough.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy, and excluding those sources of energy used in the fission
and fusion processes.
A pond containing a permanent pool of water and designed
to store runoff for a given storm event and release it at a predetermined
rate.
Land reserved for use as a street, alley, interior walk,
or for other public purpose.
ULTIMATE RIGHT-OF-WAYThe maximum width to which an existing or proposed right-of-way may be widened in accordance with this chapter or the Pennsylvania Department of Transportation or other appropriate official agency.
The line within a property defining the required minimum
distance between any enclosed structure and the lot lines.
The length of road visible to the driver of a vehicle at
any given point in the road when viewing is unobstructed by traffic.
Sight distance shall be in accordance with minimum standards established
by the Pennsylvania Code, Title 67 Transportation, Chapter 441 Access
to and Occupancy of Highways by Driveways and Local Roads.
A strip of land, including the entire right-of-way or cartway,
intended primarily as a means of vehicular and pedestrian travel.
"Street" includes avenue, boulevard, road, highway, freeway, parkway,
lane, viaduct, and any other ways used or intended to be used by vehicular
traffic or pedestrians, whether public or private, but shall not include
an alley. Unless the existing streets are officially classified, the
following general classifications will prevail:
ARTERIAL STREET; HIGHWAYA street or road that is used primarily for fast or heavy traffic, including all roads classified as main and secondary highways by the Department of Transportation.
COLLECTOR STREETA street that carries traffic from minor streets to the major system or arterial streets, including the principal entrance or circulation streets of a residential development and all streets within industrial and/or commercial subdivisions or developments.
LOCAL STREETA street that is used primarily for access to abutting properties.
CUL-DE-SACA street intersecting another street at one end and terminating at the other in a vehicular turnaround.
NONRESIDENTIAL STREETA street designed to serve and give access to commercial, industrial, public and other nonresidential uses.
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, petition 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. A "land development," as defined herein, shall also be considered
to be a subdivision.
SUBDIVISION, LOT ADDITIONLot addition subdivisions involve parcels of land that may or may not meet all of the requirements of a lot as defined by this chapter. Lot addition subdivisions allow owners of land to subdivide land and convey such subdivisions to adjacent property owners. The subdivision shall not create a nonconforming lot of the residual tract after subdivision. The lot created by the subdivision shall be conveyed to the adjoining property owner and shall be considered to be an extension of that property owner's original lot. [See §§ 220-11B and 220-21B(1)(g).]
SUBDIVISION, MAJORAny subdivision or land development that does not qualify as a minor subdivision.
SUBDIVISION, MINORA lot addition, a lot line adjustment, a subdivision and/or a land development of a single lot existing on the date of adoption of this chapter into six or fewer lots or dwelling units for the exclusive purpose of residential or agricultural use, provided such lots or units of land thereby created shall have frontage on an existing improved public street or private street; and provided, further, there is not created by the subdivision or land development any new streets. [See §§ 220-11A and 220-21B(1)(g).]
The specific person designated by the Borough Council to
perform all of the administrative duties required by this chapter.
Where, in the judgment of the Borough Engineer, at least
90% (based on cost of the required improvements for which financial
security was posted) 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.
Any repair, alteration, reconstruction or improvement of
an existing conforming or legally nonconforming nonresidential building
or structure that equals or exceeds 50% of the gross floor area of
the original building or structure.
An area of land developed for a compatible mixture of residential
units for various income levels and nonresidential commercial and
workplace uses, including some structures that provide for a mix of
uses within the same building. Residences, shops, offices, workplaces,
public buildings, and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional
neighborhood development is relatively compact, limited in size and
oriented toward pedestrian activity. It has an identifiable center
and a discernible edge. The center of the neighborhood is in the form
of a public park, commons, plaza, square or prominent intersection
of two or more arterial streets. Generally, there is a hierarchy of
streets laid out in a rectilinear or grid pattern of interconnecting
streets and blocks that provides multiple routes from origins to destinations
and are appropriately designed to serve the needs of pedestrians and
vehicles equally.
A report analyzing anticipated roadway conditions with and
without an applicant's development.
A vehicle, less than 36 feet in length, standing on wheels,
and containing not more than one dwelling unit that may be used for
temporary living or sleeping purposes, and not intended for occupancy
for more than 100 days during anyone year.
The Zoning Ordinance enacted by the elected officials of Borough of Lewistown pursuant to the provisions of the Pennsylvania Municipalities Planning Code. (See Chapter 240, Zoning, of the Code of the Borough.)
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
